R2020-214 2020-10-26 RESOLUTION NO. R2020-214
A Resolution of the City Council of the City of Pearland, Texas, awarding
an exclusive Solid Waste, Construction and Demolition Debris, and
Recyclable Materials Collection, Transportation, Disposal and Processing
Contract, to Frontier K2, LLC., for a five (5) year term beginning October 1,
2021.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That proposals for an exclusive solid waste contract have been reviewed
and tabulated.
Section 2. That the City Council hereby awards the proposal to Frontier K2, LLC.
Section 3. The City Manager or his designee is hereby authorized to execute an
exclusive solid waste services contract.
PASSED, APPROVED and ADOPTED this the 26th day of October, A.D., 2020.
l/1'I'1
TOM REID
MAYOR
TT T:
ROAN, TRMC, CMC
ITY SECRETARY
APPROVED AS TO FORM:
art--
DARRIN M. COKER
CITY ATTORNEY
SOLID WASTE SERVICES CONTRACT
This Solid Waste, Construction and Demolition Debris, and Recyclable Materials Collection,
Transportation,Disposal, and Processing Contract("Contract"),is entered as of the Effective Date by and
between the City of Pearland, Texas, a Texas home rule municipality (hereinafter called "City"), and
Frontier K2,LLC,a Texas limited liability company_qualified to do and actually doing business in the State
of Texas(hereinafter called"Contractor"),acting by and through their duly qualified representatives. (City
and Contractor collectively referred to herein as"Parties"and individually as"Party")
RECITALS
WHEREAS, the City has found and determined that the public health and safety of the City will
be promoted and preserved by establishing an arrangement for the collection, transportation, and disposal
of solid waste kept and accumulated by residential and multi-family neighborhoods; and
WHEREAS, Contractor is engaged in the business of collection and recycling of solid waste and
is familiar with the requirements of the City and its solid waste services; and
WHEREAS, the City has determined Contractor to be qualified to carry out the terms of this
Contract upon the terms and conditions and for the consideration hereinafter provided; and
WHEREAS, through a competitive process in accordance with state law, the City Council has
determined that Contractor provides the best value for solid waste services for City residents; and
WHEREAS, The City therefore desires to grant to Contractor the right to operate as the sole
provider for City-provided services of collection, transportation, and disposal of residential, commercial
and industrial(both permanent and temporary)garbage and trash,Construction and Demolition Debris,and
recycling, subject to the terms of this Contract; and
WHEREAS,Contractor desires to operate and maintain the service of collection and transportation
of residential garbage and trash,and residential recycling, subject to the terms of this Contract.
NOW,THEREFORE,for and in consideration of the mutual covenants,promises and undertakings herein
contained and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed,the parties hereto agree as follows:
INCORPORATION OF RECITALS: The above recitals are accepted as part of this contract for all
purposes.
The Request for proposal document and contractor's response to RFP #0320-29 shall be construed as
additional contract documents.
PAGE 1 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
DEFINITIONS
The words and phrases used in this Contract shall have the following meanings unless the context indicates
a different definition.
"Authorized Disposal Site(s)": Shall be the Waste Management Coastal Plains Landfill, located at 2100
East Highway 6,Alvin,Texas which operates under Texas permit# 1721 A or the Lone Star Transfer Station
located at 4107 W Sam Houston Pkwy S,Houston,TX 77053.
"Bag": A plastic sack no more than 33 gallons in size designed to store waste with sufficient wall strength
to maintain physical integrity when lifted by the top and placed curbside for Waste collection.
"Brush" Any cuttings or trimmings from trees, shrubs, or lawns, including Green Waste. Limbs should
not exceed four(4) feet in length and not exceed four(4") in diameter. All Brush may be stacked in such a
way as to allow safe lifting by the employee into the collection vehicle. No stacks, bags, bundles or
containers shall exceed forty(40)pounds in total weight.
The term "Brush" specifically excludes debris resulting from the services of a Commercial Service
Provider.
"Bulky Waste" means large rubbish items including but not limited to White Goods, bicycles, furniture,
rugs, mattresses, televisions, fence material, auto parts, and other similar oversized items which are
customary to ordinary housekeeping operations of a Residential Unit.
"Cart": 95-gallon plastic receptacles issued by Contractor to Residents,equipped with wheels,handles
and a tight-fitting cover, designed for automated or semi-automated waste collection vehicles. The
weight of a Cart and its contents shall not exceed approximately 170 lbs.
"City"means the City of Pearland,Texas.
"Collection": The act of removing Refuse and Bulky Waste for transport to a Disposal Facility and the
act of removing recyclables for transport to a Materials Recovery Facility(MRF).
"Collection Area" means that portion of the City in which Contractor provides collection services as
described in this RFP.
"Commercial Unit" means all commercial businesses and establishments, including, but not limited to,
stores, offices, restaurants, warehouses, and other nonmanufacturing facilities, premises, locations or
entities,public or private,within the corporate limits of the City.
"Commercial Waste"means all types of Solid Waste generated by stores,offices,restaurants,warehouses,
and other non-manufacturing activities,excluding Residential Waste and Industrial Waste.
"Commercial Service Provider" means a commercial business enterprise that provides tree limb cutting
and removal,or complete tree and stump removal services.
"Compactor Unit"means a mechanical unit that receives,compacts and reduces the volume of municipal
waste,refuse or garbage,whether stationary or mobile.
"Construction and Demolition Debris" means waste building materials resulting from
construction, remodeling, repair, or demolition operations that are directly or indirectly the by-
products of construction work or that result from the demolition of buildings or other structures,
but specifically excluding inert debris, land-clearing debris, yard debris, or used asphalt, asphalt
mixed with dirt, sand, gravel, rock, concrete, or similar materials.
"Container" means a receptacle with a capacity of at least 18 gallons but not greater than 96 gallons,
PAGE 2 ! SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, the mouth of
which has a diameter greater than or equal to that of the base.
"Contract Administrator"means the City Manager or his designee responsible for actively interacting
with Contractor to achieve the Contract's objectives; monitoring the Contract to ensure Contractor
compliance;receiving and maintaining Contractor reports;addressing Contract related problems on behalf
of the City; incorporating necessary modifications or changes into the Contract; mediating and expediting
timely resolution customer/Contractor issues,and other duties necessary to implement the Contract.
"Contractor" means the person or business entity that enters into the Contract with the City to perform
the services described in this RFP and/or the accepted proposal.
"Curbside"Curbside shall mean within 3 feet of the curb that provides primary access to the Unit
as designated by the City unless such placement interferes with or endangers movement of vehicles
or pedestrians.
"Customer"means the owner or tenant of a Residential Unit, Commercial Unit and/or Industrial Unit, as
the case may be, located within the City, and identified by the City as being eligible for and in need of the
services provided by Contractor under the Contract.
"Dead Animals" means animals or portions thereof that have expired from any cause except those
slaughtered or killed for human use.
"Detachable Container" (also referred to as "dumpster") means a watertight, all-metal Container,
equipped with a tight-fitting metal or plastic cover and plugged to prevent drainage of leachate. The term
shall also apply to Containers of larger sizes(i.e.,"roll-offs").
"Disposal Facility" Any facility or area of land receiving Municipal Solid Waste or Construction
and Demolition Debris and operating under the regulation and authority of the Texas
Commission on Environmental Quality("TCEQ") within the State of Texas, or the appropriate
governing agency for landfills located outside the State of Texas.
"Front End Loader"(FEL): Container intended for high-volume refuse generation by Multi-Family
Residence facilities,and capable of pickup and transport to a Landfill by loading of the container onto the
front of transporting vehicle.
"Garbage"means Municipal Solid Waste(MSW)consisting of putrescible or animal and vegetable
waste materials resulting from the handling,preparation,cooking,and consumption of food, including
waste materials from markets,storage facilities,handling and sale of produce and other food products,
and all Dead Animals of less than ten pounds(10 lbs.)in weight, except those slaughtered for human
consumption.
"Generator"means a person or municipality that produces or creates a municipal waste.
"Green Waste"means leaves,grass,brush and other vegetative matter.
"Hazardous Waste"means any Solid Waste identified or listed as a hazardous waste by the administrator
of the Environmental Protection Agency under the Federal Solid Waste Disposal Act as amended by RCRA,
42 U.S.C. S6901,et, seq.,as amended.
"Household Hazardous Waste" or "HHW" means items which have been segregated from
residential garbage and are designated as hazardous by the United States Environmental Protection
PAGE 3 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Agency or the State of Texas and shall include, but not be limited to, outdoor insecticides and
fertilizers,automotive products,household insecticides and maintenance chemicals,paint products
and other items including electronics, small batteries, vehicle batteries, and lamps.
"Industrial Unit" means all industrial businesses and establishments, including manufacturing facilities,
premises, locations or entities,public or private,within the corporate limits of the City.
"Industrial Waste" means solid waste resulting from or incidental to any process of industry or
manufacturing,or mining or agricultural operations.
"Medical Waste" means Waste generated by healthcare-related facilities and associated with health care
activities, not including Garbage or Rubbish generated from offices,kitchens, or other non-health-care
activities. The term includes Special Waste from healthcare-related facilities which are comprised of
animal waste,bulk blood and blood products,microbiological waste,pathological waste, and sharps as
those terms are defined in 25 TAC §1.132(relating to Definitions).
"Municipal Solid Waste (MSW)" means wastes consisting of everyday items such as product
packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers, appliances,
consumer electronics, and batteries. These wastes come from homes; institutions such as schools and
hospitals; and commercial sources such as restaurants and small businesses. Municipal Solid Waste does
not include municipal wastewater treatment sludges, industrial process wastes, automobile bodies,
combustion ash,or construction and demolition debris.The term does not include Single-Stream Recyclable
Materials.
"Multi-Family Dwellings"means structures for residential living consisting of attached units.
"Non-Recyclables": Any materials in the Single-Stream Materials or Recyclable Materials that
are not Recyclable Materials.
"Performance Bond" means a corporate surety bond that guarantees compensation to the City in the
event that it must assume the obligations and/or duties of Contractor in order to continue the service as
defined by the Contract's Specifications.
"Permit" means a permit issued by the State of Texas to operate a municipal solid waste landfill or
processing facility, or to beneficially use municipal waste.The term includes a general permit,permit-by-
rule, permit modification,permit issuance and permit renewal.
"Pink Tag": A tag or adhesive sticker developed and produced by the Contractor and approved by The
City which will indicate to the Contractor that the bag on which the Pink Tag has been affixed by a
Residential Unit Resident is intended for collection and disposal.
"Processing"Any technology used for the purpose of reducing the volume or bulk of municipal waste or
any technology used to convert part or all of such waste materials for offsite reuse. Processing facilities
include,but are not limited to,transfer facilities,composting facilities,and resource recovery facilities.
"Proposal Bond"The corporate surety bond or a certified check drawn on a national bank,in the amount
specified in the Instruction to Proposers, submitted with the Proposal as a guarantee that the Proposer will,
if called upon to do so,accept and enter in the Contract.
PAGE 4 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
"Recyclable Material(s)": means a material that has been recovered or diverted from the non-
hazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of
which is consistently used in the manufacture of products that may otherwise be produced using
raw or virgin materials. Recyclable Material is not Solid Waste. However, Recyclable Material
may become Solid Waste at such time,if any,as it is abandoned or disposed of rather than recycled,
whereupon it will be Solid Waste, with respect to the party actually abandoning or disposing of
such material. Residential Recyclables include juice boxes, glass containers(clear,brown, green),
tin-steel cans, paper board, cardboard, magazines, aluminum cans, newspapers,junk mail, phone
books, office paper, and plastics all codes (#1 through #7, except for # 6, which is Styrofoam
products).
"Recycle" or"Recycling"means the collection,separation,recovery,and sale or reuse of metals,glass,
paper,leaf waste,plastics and other materials which would otherwise be disposed or processed as municipal
waste or the mechanized separation and treatment of municipal waste and creation and recovery of reusable
materials other than a fuel for the operation of energy.
"Recycling Container" means a plastic receptacle with a capacity of 95 gallons designed for the purpose
of the Curbside Collection of Recyclable Materials.
"Recycling Facility"means a facility employing a technology that is a process that separates or classifies
municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer
as a substitute for or a supplement to virgin raw materials. The term "Recycling Facility" shall not mean
transfer stations, or municipal solid waste landfills,composting facilities,or resource recovery facilities.
"Refuse": Same as Rubbish.
"Residential Curbside Recycling"means the collection of Recyclable Materials placed by Customers
residing in Residential Units at Curbside for collection, the delivery of such materials to a Recycling
Facility, and the subsequent recycling of the collected materials.
"Residential Unit" means a residential dwelling occupied by a person or group of persons comprising
not more than four families. A Residential Unit shall be deemed occupied when either water or domestic
light and power services are being supplied thereto. A condominium dwelling,whether of single or multi-
level construction, consisting of four units,shall be treated as a Residential Unit.
"Residence" means any house, dwelling, multi-unit residence, apartment house, or any building put to
residential use except Multi-Family Dwellings.
"Residential Waste" means all Refuse, Garbage, and Rubbish and other Solid Waste generated by a
Customer at a Residential Unit.
"Roll-off Container" means a Container provided to a Residential Unit, Commercial Unit or Industrial
Unit by Contractor measuring 20, 30 or 40 cubic yards, intended for high-volume refuse generating
Commercial Units or Industrial Units or for construction and remodeling, and capable of pickup and
transport to a Disposal Facility by loading of the Container onto the rear of transporting vehicle, but
excluding a Stationary Compactor. Roll-Off Containers may be utilized for Solid Waste or Construction
and Demolition Debris.
"Rubbish" means non-putrescible Solid Waste (excluding ashes), consisting of both combustible and
noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible rubbish includes
glass,crockery,tin cans,aluminum cans,metal furniture,and similar materials that will not burn at ordinary
incinerator temperatures(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
"Small Businesses Garbage Generator"means a commercial type of business,which generates no more
'".47""A7751 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
than one (1)cubic yard of Solid Waste per week.
"Solid Waste" means garbage, Rubbish,Refuse, sludge from a wastewater treatment plant,water supply
treatment plant,or air pollution control facility,and other discarded material,including solid, liquid, semi-
solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities.The term does not include:a)Solid
or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or
industrial discharges subject to regulation by permit issued under Texas Water Code,Chapter 26;b)Solid,
dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill
is to make the land suitable for the construction of surface improvement;c)Waste materials that result from
activities associated with the exploration,development,or production of oil or gas or geothermal resources
and other substance or material regulated by the Railroad Commission of Texas under Natural Resources
Code, §91.101, unless the waste, substance, or material results from activities associated with gasoline
plants, natural gas liquids processing plants, pressure maintenance plants, or re-pressurizing plants and is
hazardous waste as defined by the administrator of the EPA under the federal Solid Waste Disposal Act,as
amended by RCRA, as amended(42 USC, SS6901 et seq.),or d)Unacceptable Waste.
"Special Waste" means Waste that requires special handling and management due to the nature of the
waste, including, but not limited to, the following: (A) containerized waste (e.g. a drum, barrel, portable
tank, box, pail, etc.), (B) waste transported in bulk tanker, (C) liquid waste, (D) sludge waste, (E) waste
from an industrial process, (F) waste from a pollution control process, (G) Residue and debris from the
cleanup of a spill or release of chemical,or(H)any other waste defined by Texas law,rule or regulation as
"Special Waste".
"Single-Stream Recyclable Materials" means Recyclable Materials that are separated from MSW at
the point of origin for the purpose of Recycling.
"Third Party Provider": A commercial business enterprise or commercial service provider
providing services to Residential Units.
"Unacceptable Waste" means any Waste, the acceptance, and handling of which by Contractor would
cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to
Contractor's equipment or facilities,or present a danger to the health or safety of the public or Contractor's
employees, including, but not limited to, Hazardous Waste, Special Waste (except as otherwise provided
herein),untreated Medical Waste,Dead Animals weighing ten pounds(10 lbs.)or greater,solid or dissolved
material in domestic sewage,or solid or dissolved material in irrigation return flows,or industrial discharges
subject to regulation by permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials
used to fill land if the object of the fill is to make the land suitable for the construction of surface
improvements.
"Unusual Accumulations"Any Residential Unit Waste placed curbside for collection which does not meet
the specifications defined by this Agreement for regular Garbage,Bulky Waste,and Yard Waste including
any Waste placed in a bag or other container without a Pink Tag. Contractor has the right to take
photographic evidence of Unusual Accumulations, and the option to provide for the collection of Unusual
Accumulations for a fee as after inspection and pricing by Contractor supervision.
"Waste" or "Waste Materials means all Residential Waste, Commercial Waste, and Industrial Waste to
be collected by Contractor pursuant to the Contract. The term"Waste" specifically excludes Unacceptable
Waste.
"White Goods"means refrigerators that have CFCs removed by a certified technician,stoves and ranges,
PAGE 6 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
water heaters,freezers, swing sets,bicycles(without tires)scrap metal,copper, and other similar domestic
and commercial large appliances.
"Yard Waste" means accumulations of lawn, grass, or shrubbery cuttings or clippings, and dry leaf
rakings, small tree branches (not to exceed 4 feet in length, nor 4 inches in diameter), bushes or shrubs,
green leaf cuttings, fruits, or other matter usually created by refuse in the care of lawns and yards, except
large branches,trees,bulky or non-combustible materials not susceptible to normal loading and collection
in "load packer" type sanitation equipment used for regular collections from domestic households.
Notwithstanding the foregoing,all trees, shrubs and brush trimmings must be stacked, or tied together in a
manner to allow an employee to reasonably lift the bundle into the truck,and no such bundle or stack shall
exceed forty(40)pounds in weight.
GRANT OF CONTRACT
Grant of Contract and Franchise. To the extent allowed by law,City hereby grants to Contractor:
(a) the sole and exclusive franchise,license and privilege within City's Limits to collect Waste
Materials,Construction and Demolition Debris,and Recyclable Materials during the Term
of this Contract from all Residential,Commercial and Industrial Customers located within
City's incorporated limits; and
(b) The sole and exclusive franchise, license and privilege to collect Waste Materials and
Recyclable Materials during the Term of this Contract from all Municipal Facilities.
TERM
Initial Term. The Initial Term of this Contract shall commence at 12:00 a.m. on October 1, 2021 (the
"Commencement Date")and shall end at 11:59:59 p.m. on September 30,2026("the Termination
Date"),unless otherwise extended or terminated earlier as provided herein.
Extension Term. Upon approval by City's City Council,the Initial Term may be extended by contract of
the Parties for an additional one(1)Five (5)year term beginning at 12:00 a.m. on October 1,
2026 and ending at 11:59:59 p.m. on September 30, 2031 ("the Extension Term")upon the same
terms and conditions as herein set forth. Contractor shall notify City of a request to extend the
first term on or before April 1,2025. Notwithstanding the provisions herein regarding the
Extension Terms,the Parties agree that the City may, at any time prior or subsequent to the
expiration of the Initial Term, solicit bids or Proposals or contract for the collection of Waste
Materials such other services as are provided for herein for a period commencing after the
Termination Date. In the event the Contractor provides the requisite notice to the City of its
intent to renew the Contract on or before April 1, 2025,the City shall provide a response to the
Contractor's request on or before January 1,2026. In the event the City does not provide any
response to the Contractor by January 1,2026,the parties agree and acknowledge that the
Contract shall be renewed for the Extension Term subject to City Council approval.
RATES
Contractor is authorized to charge, and shall receive from The City, the rates set forth on Schedule "A"
attached hereto and incorporated herein by reference ("Base Rates"). The Base Rates are subject to
adjustment as set forth in Section"Modification of Rates"below.
PAGE 7 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
SCOPE OF WORK
Generall Service Contracts. The work to be performed by Contractor pursuant to this Contract consists
of collection,transportation and disposal,at its own expense, of Waste and Recyclable Materials collected
from Residential Units,and Commercial Waste and Industrial Waste collected from Commercial Units and
Industrial Units, within the corporate limits of the City as the present and future boundaries exist, and the
furnishing of all labor, methods or processes, tools, equipment and transportation necessary to meet the
requirements of this Contract.
Residential Solid Waste Collection: Contractor shall collect Residential Waste generated at a Residential
Unit twice weekly per route schedule. Contractor shall collect Carts/Containers that are placed Curbside
(exception those being for Special Needs).
Contractor shall be responsible for providing notice first to the Customer and then to City staff if it believes
MSW is not prepared and/or located correctly by a Customer. However,the City shall be the sole and final
judge as to such conditions and locations.
Contractor shall provide a proposed schedule and map of collection sectors.
Residential Collection of Recyclable Materials: Contractor shall provide once per week collection, on
the same day that MSW is collected, of Recyclable Materials placed in the Residential Unit's designated
Recycling Container. Contractor shall not be required to collect any Recyclable Materials from a
Residential Unit that are not placed in that Residential Unit's designated Recycling Container. Customers
shall not overload the Recycling Container. Any Recyclable Materials at the curb not in the Recycling
Container will be treated as trash or can be taken to the City recycling center.
RECYCLABLE MATERIALS must be dry,loose(not bagged),un-shredded,empty,and include ONLY
the following:
Aluminum cans Newspaper
PET bottles with the symbol#1 —with screw tops Mail
only
HDPE plastic bottles with the symbol#2(milk, Uncoated paperboard(ex. cereal boxes; food and snack
water bottles detergent,and shampoo bottles,etc.) boxes)
PP plastic bottles and tubs with symbol#5— Uncoated printing,writing and office paper
empty
Steel and tin cans Old corrugated containers/cardboard(uncoated)
Glass food and beverage containers—brown, Magazines,glossy inserts,and pamphlets
clear, or green
Plastics not listed above including but not limited Cartons,Aseptic Containers
to those with symbols#3,#4, or#7
NON-RECYCLABLES include,but are not limited to the following:
Plastic bags and bagged materials(even if Microwavable trays
containing Recyclable Materials)
Porcelain and ceramics Mirrors,window or auto glass
Light bulbs Coated cardboard
PAGE 8 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Soiled paper, including paper plates,cups, THIS SPACE WAS INTENTIONALLY LEFT BLANK
and pizza boxes
Expanded polystyrene and#6 plastics Coat hangers
Glass and metal cookware/bakeware Household appliances and electronics
Hoses, cords,wires Yard waste,construction debris,and wood
Flexible plastic or film packaging and Needles, syringes, IV bags or other medical supplies
multi-laminated materials
Food waste and liquids,containers Textiles,cloth, or any fabric(bedding,pillows, sheets,etc.)
containing such items
Excluded Materials or containers which Napkins,paper towels,tissue,paper plates,paper cups, and
contained Excluded Materials plastic utensils
Any paper Recyclable Materials or pieces Propane tanks,batteries
of paper Recyclable Materials less than 4"
in size in any dimension
Recycling Contamination Specifications. Single-Stream Recyclable Materials collected within The City
and delivered by Contractor to the Recycling Facility may not contain more than 25.1%Non-Recyclables
or Unacceptable Waste.For Recyclable Materials not meeting the specifications,in excess of the allowable
percentage the City may pay a contamination charge for additional handling,processing,transporting and/or
disposing of Non-Recyclables.
A report of each non-conforming load detailing the composition of the load and including photographic
evidence of the load will be provided to the City within 24 hours of the load being transported to the
Disposal Facility.
Residential Household Hazardous Waste Collection All Household Hazardous Waste materials will be
delivered by residents to the Stella Roberts Recycling Center where the Contractor shall arrange for
collection(this service may be subcontracted to a firm specializing in the provision of this service).
Materials will come from City of Pearland residents,as well as from residents within Brazoria County.
Residential Brush/Bulk Collection: Contractor will collect Brush/Bulk materials one time per week. The
Resident will be limited to two (2) cubic yards of material per collection. Appliances or "White Goods"
such as a freezer, refrigerator, water cooler, dehumidifier, air conditioner and any other appliances
containing refrigerants must be tagged certifying that all refrigerants have been removed by a certified
refrigerant technician prior to their placement for collection.
Residential Unusual Accumulation Collection When a Customer desires collection of more material than
the weekly limit, the resident can request an Unusual Accumulations Collection for a fee. The fee will
reflect a cost per hour for the vehicle, plus applicable disposal. Any additional fees that might be charged
to a Customer for services that will be rendered over and above the requirements of the Contract will be
determined after visual inspection by Contractor's supervisor, and such fees will be approved by the
Customer prior to commencing work.
Residential Carts Contractor agrees to provide one new Cart for Waste and one new Cart for
Recyclable Materials to each Residential Unit a minimum of five(5)days prior to the commencement of
this Contract. Upon notice from The City,the Contractor agrees to provide one new Cart for Waste and
one new Cart for Recyclable Materials to new Residential Units constructed within The City during the
Term of the Contract(together,the"Carts").New Carts will be provided with written instructions for
proper use, including any Resident actions that may void manufacturer warranties,such as placement of
hot ashes in the Cart. New Recycling Containers and replacement lids for existing Recycling Containers
PAGE 9 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
that have been damaged and need a replacement lid will have recycling guidelines heat molded on the top
of the lid in mutually agreeable place.
Contractor shall not be required to collect any Waste or Recyclable Materials that are not placed in the
designated Cart,any Waste or Recyclable Materials from a Cart that is overloaded by weight or volume,or
a Cart that is not properly placed curbside.
The Carts shall remain at the location of the Residential Unit where delivered by Contractor. The City
agrees that should a Cart be lost or stolen from a Residential Unit,the Resident is to obtain a replacement
Cart by contacting the Contractor directly. Where a replacement Cart is new,the Contractor shall assess a
$55.00 charge to the Resident,which the Resident is obligated to pay. If a Cart is damaged while at a
Residential Unit,the Resident shall contact the Contractor directly to request a replacement Cart.
Contractor shall replace a damaged Cart with a reconditioned Cart at no additional charge.
The Contractor will be responsible for responding to requests from and delivering Carts to Residents
who need a Cart replacement due to Cart damage. Contractor shall deliver a reconditioned Cart within(2)
business days after notice by the City.Reconditioned Carts must be cleaned prior to re-entry into the system
and delivery to Residents. Damaged Carts shall be removed at the same time a reconditioned or
replacement Cart is delivered.
SMALL BUSINESSES GARBAGE COLLECTION
Collections from all Small Business Garbage Generators shall be performed at least weekly.
Within the Collection Area, the collection days shall adhere to the current schedule established
by the City. The collection will be performed using 95-gallon Carts provided by Contractor.
Collections shall be made on a regular schedule on the same day and approximately the same
time each week.
Contractor is not responsible for collecting Carts weighing in excess of 170 pounds. Contractor
shall be responsible for providing notice first to the customer and then to City staff if it believes
garbage is not prepared and/or located in an area accessible to the collection vehicle. However,
the City shall be the sole and final judge as to such conditions and locations.
FRONT END LOADER CONTAINER COLLECTION
Contractor shall make at least two (2)weekly collections at all commercial establishments subject to the
terms of the Contract and at sufficient additional intervals necessary to perform adequate services and to
protect the environment,unless otherwise approved in advance by the City, provided however,where the
refuse is exclusively non-putrescible in nature,one weekly collections are permitted.
Contractor shall not be required to perform during emergencies resulting from Acts of God or where
proper payment has not been received.
Within the Collection Area,the collection shall be performed Monday through Saturday between the
hours of 5:00 am. and 7:00 pm but not starting before 7:00 A.M.within 500 feet of a Residence unless
otherwise agreed by City and Contractor,or when Contractor reasonably determines that an exception is
necessary in order to complete collection on an existing collection route due to unusual circumstances.
Collections shall be made on a regular schedule on the same day and approximately the same time each
week.
PAGE 10 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Dumpsters will be located at a place convenient and safely serviceable to the Contractor and the
Commercial Customer.
Contractor or City shall not be responsible for damage which is not negligently or willfully caused by the
Contractor to any private pavement or accompanying sub-surface,or any drive approach connecting said
private pavement to public street or alley,of any route reasonable necessary to perform the services in the
Contract.
No commercial container,dumpster or roll-off container should be overloaded to the point where the lid
or covers will not close, or the tarp will not properly cover the load. The Contractor may decline to empty
an overloaded container until the Customer unloads the dumpster or roll-off container to the point where
the lid(s)will close,or where the load may be safely tarped prior to transport.
ROLL-OFF CONTAINER COLLECTION FOR CONSTRUCTION AND DEMOLITION
DEBRIS, REMODELING& CONSTRUCTION
To the extent allowed by law, the Contract will provide exclusive rights to Contractor for the collection of
Construction and Demolition Debris,and waste materials,such as carpeting,roofing,drywall,etc.,resulting
from remodeling and construction activities, which are generated in quantities requiring a Roll-Off
Container for on-site storage, collection, and transport.
STATIONARY COMPACTOR UNITS
For those businesses that utilize Stationary Compactor Units, the Contract shall provide for the collection
and transport of the Compactor Unit's Detachable Container.The purchase,lease,installation,maintenance
and repair of the Stationary Compactor Unit or any related parts or accessories, as well as the Detachable
Container are between Contractor and the property owner/manager. If a business wishes to rent a
Detachable Container, Contractor shall provide such Container(s) at the rental rates in the Roll-Off rate
schedule in Exhibit A.
SUPPLYING GARBAGE AND RECYCLING CONTAINERS
Contractor shall supply and maintain all Garbage and Recycling Containers.
Garbage and Recycling Containers supplied by Contractor will be new at the commencement of this
contract. Contractor shall retain ownership of the Carts provided.
Contractor shall provide instructions for proper use of the Carts to the residents in conjunction with the
delivery of the Carts. Upon notice from the City, Contractor shall deliver Carts to new Customers who
move into the Collection Area. Contractor will be responsible for responding to requests from and
delivering Carts to, Customers who need a Cart replacement for whatever reason. Carts shall be delivered
no later than five(5)business days after notice from the City. Used Carts must be cleaned prior to reentry
into the system and delivery to Customers.Damaged Carts shall be removed at the same time a replacement
Cart is delivered.
The Carts shall be provided with instructions for proper use, including any Customer actions that would
void manufacturer warranties,such as placement of hot ashes in the Container causing the Cart to melt,and
procedures to follow to minimize potential fire problems.
PAGE 11 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Should a Cart be lost or stolen from a Residential Unit,the Resident is to obtain a replacement Cart by
contacting Contractor directly. Where a replacement Cart is purchased by the Contractor to replace an
existing Cart,Contractor shall assess a$55.00 charge(for any size cart)to the Resident,which the
Resident is obligated to pay.
If a Cart is damaged while at a Residential Unit,the Resident shall contact Contractor directly to request a
replacement Cart. Contractor shall replace a damaged Cart with a reconditioned Cart at no additional
charge. Contractor shall deliver a reconditioned Cart within(2)business days after notice by the City.
Reconditioned Carts must be cleaned prior to re-entry into the system and delivery to Residents.
Damaged Carts shall be removed at the same time a reconditioned or replacement Cart is delivered.
In the case of an existing service address whose previous resident has left a 95-gallon MSW Cart;no formal
notification will be given to Contractor.In the case of new homes or existing homes that do not have a Cart,
the City will provide the Contractor with a formal request for new service. New service Carts will be
provided within the second business day following the request with pick up available on the next scheduled
day following delivery.
SUPPLYING DETACHABLE CONTAINERS FOR COLLECTION
Prior to the beginning of the Contract, Contractor shall provide Detachable Containers for Garbage
Collection to all Facilities receiving Detachable Container collection service under the Contract.Detachable
Containers will be standard Containers capable of being serviced by front load, collection vehicles and/or
roll-off vehicles compatible with compactor and open-top containers.
Detachable Containers shall be located on the premises in a manner satisfactory to the City or site manager
and convenient for collection by Contractor. The City, whose decision shall be final and binding, shall
mediate any disagreements over Container placement and collection.
Contractor is not required to collect from Detachable Containers if access across the Customer's private
property is blocked
DETACHABLE CONTAINER COLLECTION FOR CONSTRUCTION AND REMODELING
The Scope of Work and the Contract will provide exclusive rights to Contractor,to the extent allowed by
law, for the collection of Construction and Demolition Debris and similar waste materials, such as
carpeting,roofing,drywall,etc.,resulting from construction and remodeling activities,which are generated
in quantities requiring a Roll-off Container, for on-site storage, collection, and transport
DETACHABLE CONTAINER STANDARDS
Detachable Containers supplied by Contractor shall be painted a uniform color,bear the name and telephone
number of the Contractor, and bear a serial number coded for Container size. Detachable Containers
(Dumpsters) placed for the collection of wet or odorous wastes shall be painted, or changed out, at least
once every 2-1/2 years.
Roll-Off Compactor containers shall be steam cleaned at least once each year or as directed by the City.
Contractor is responsible for removing graffiti from its Detachable Containers. Collection drivers shall
PAGE 12 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
regularly note Containers containing graffiti. Contractor personnel shall then remove reported graffiti.
Contractor shall remove any graffiti reported by the City within five(5)business days of notification.
DETACHABLE CONTAINER INSTALLATION AND MAINTENANCE
Each Detachable Container is subject to inspection by the City and approval as to appearance and condition
before placement at any City facility.
A Detachable Container shall be reconditioned and repainted if necessary,before being supplied to a City
facility that has not used it earlier. If the City so requires, a Detachable Container shall be cleaned or
repainted within thirty(30)days of delivery of a written request by the City.
If appropriate to serve the City's needs and/or locations, the City may require Contractor to install and
service a front-end load Detachable Container.The City may also require Contractor to equip a Detachable
Container with plastic lids.
Contractor shall repair or replace within one business day any Detachable Container that the City
determines does not comply with ordinance standards or constitutes a health or safety hazard.
DETACHABLE CONTAINERS REPAIR OR REPLACEMENT
Damage to Detachable Containers on Customers'premises is at Contractor's risk, as between those parties
and without affecting the risk or liability of others.
Contractor shall be responsible for the repair of all Contractor Detachable Containers damaged due to the
Contractor's negligence. Contractor shall repair or replace within one business day any Detachable
Container that the City determines does not comply with ordinance standards or constitutes a health or
safety hazard.
COLLECTION OPERATIONS—GENERAL PROVISIONS
Hours of Collection. Collection of Waste Material from Residential Customers shall not start before
7:00 A.M. or continue after 7:00 P.M. on the same day in any area of City's Limits which is located in a
residentially zoned area or otherwise within 500 feet of a Residence,unless otherwise agreed by City and
Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete
collection on an existing collection route due to unusual circumstances.
Within the Collection Area,Commercial/Industrial collection shall be performed Monday through
Saturday between the hours of 5:00 am. and 7:00 pm. within the confines of the current ordinances of the
City but not starting before 7:00 A.M. within 500 feet of a Residence unless otherwise agreed by City and
Contractor,or when Contractor reasonably determines that an exception is necessary in order to complete
collection on an existing collection route due to unusual circumstances.Collections shall be made on a
regular schedule on the same day and approximately the same time each week.
Notwithstanding the foregoing to the contrary,collection on all routes will be completed no later than 7:00
P.M. each service day unless:
(a) Contractor provides notice to City with a description and justification of the unusual
circumstances prior to the collection that justifies a later completion time; and
(b) The City determines that the collection will not result in a violation of City's ordinances
regarding excessive noise set forth in Article 12.05 of the Code of Ordinances,as amended.
PAGE 13 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Collection Routes. Contractor shall work with City staff to develop routes prior to the Commencement
Date. Contractor may request changes to collection routes that are determined to be more efficient than
those in effect on the Commencement Date or to which the Parties later agree;provided,however,no
change in collection routes shall be made unless:
(a) such change has been approved in writing by the City Manager, which shall not be
unreasonably withheld or delayed; and
(b) if the change will require a change in the days Waste Materials and/or Recyclable Materials
are collected from a Residential Customer, Contractor has provided written notice to each
Residential Customer whose collection dates will change not later than fifteen (15) days
prior to the date of the new collection dates become effective.
Resident Disposal Access:The Contractor will arrange for residents of the City to dispose of,at no charge,
up to three(3)cubic yards(or the bed of a pickup truck)of MSW material per month at Contractor's local
facility,which shall be located within fifteen(15)miles from the center of the City of Pearland.
The Resident shall be required to present a valid driver's license and water bill to gain access to the
Contractor's facility. The Resident shall not be authorized to use this privilege for disposal of non-
residential or commercial wastes.
Holidays. Contractor shall perform collection on all days except for Thanksgiving Day, Christmas Day
and New Year's Day. Contractor shall collect from Residential Customers whose collection day fall on a
holiday on the next scheduled collection day. Collection from Residential Customers whose scheduled
collection day falls on Thanksgiving Thursday shall occur the following Monday. Collection from
Residential Customers whose scheduled collection falls on Monday/Thursday, Tuesday/Friday,
Wednesday/Saturday shall occur the following scheduled collection day.
Complaints. Customer complaints shall be directed to the Contractor. Contractor shall notify the City
daily, in writing by email, of all complaints received. At the end of each business day, Contractor shall
email the City a recap of the day's complaints from Residential, Commercial or Industrial Customers. The
email shall contain the address of the Customer about which the complaint is made,the time of the call,and
a summary of the follow-up action taken to resolve the issue. Missed pick-ups from one day shall be
reflected on the next day's complaint report indicating that collection was made.
Contractor shall arrange for collection on the next business day, before noon, after receipt of a missed
collection complaint (Saturday shall be considered a business day for the resolution of missed Friday
pickups and Sunday shall be considered a business day for the resolution of missed pickups on Saturday).
If the missed pickup is a result of Customer related acts or omissions, Contractor shall take appropriate
action to cause such Customer to subsequently properly set out the Container, and shall notify the City of
such action.
As requested by the City, Contractor shall make available GPS tracking reports for residential collection
vehicles.
Complaint Log. Contractor shall make and keep records of all complaints regarding missed collections
which shall include(a)the date of the complaint, (b)the name and address of the complainant, (c)the
time and date the complaint was made,(d) Contractor's determination, and(e),the date and time when
the Complaint was resolved.
PAGE 14 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Collection Equipment All vehicles, facilities, equipment, and property used in the performance of this
Contract shall be provided by Contractor. At the start of this Contract, all vehicles used in collection shall
be in good operating order and not older than four(4) years (i.e., year model 2017 or newer). At no time
shall a vehicle be used for collection that is older than 10 years. All vehicles shall be kept in a clean and
sanitary condition with the interior of the cab free of clutter. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards. Contractor shall obtain all required
operating permits and registrations.
Collection vehicles shall be painted in the Contractor's color schemes. The vehicles shall have the number
of the vehicle painted on each side of each vehicle and on the rear of the vehicle in a contrasting color from
the body color, the letters to be at least six inches high. No advertising shall be permitted other than the
name and address of Contractor. Contractor shall place the appropriate customer service telephone number
on all collection trucks.
Collection vehicles shall be sufficient to service all Structures at the frequency and level of collection
specified in the Contract.Collection vehicles shall be capable of handling,in the safest and efficient method
available, the Carts or Containers and material specified for each structure on its route. All such vehicles
shall be operated in conformity with the laws of the State of Texas.
All vehicles used by management personnel,including route supervisors,shall be equipped with cell phones
with voice mail so they can be contacted by the City. Collection vehicles will be equipped with two-way
communication devices so that the Contractor's staff and the driver may communicate during the route
collection.
Contractor shall furnish to City an inventory of all equipment and vehicles to be used pursuant to this
Contract. Contractor shall provide City an updated list not later than ten(10)business days after
Contractor adds and/or deletes a vehicle or piece of equipment that is being used in the City unless the
addition or deletion is only for a temporary period to allow for the repair of a vehicle or piece of
equipment that is on the inventory that has been temporarily removed from service.
Contractor acknowledges that it has represented in the Proposal that Contractor has the ability to access
temporary replacement equipment and vehicles in order to be able to maintain a consistent level of
collection services as required by this Contract.
Disposal: The Contractor shall deliver Waste collected under this Contract to one of the Authorized
Disposal Sites operated in compliance with rules stipulated by the applicable state agency and/or the U.S.
Environmental Protection Agency. In the event that(a)the cost of disposal at the Authorized Disposal
Sites increases beyond CPI, (b)the Authorized Disposal Sites are shut down or unavailable for the
Contractor's use for any reason beyond the Contractor's control, or(c) in the event of an emergency,
Contractor may request authorization from the City to use a different Disposal Facility.
Spillage: The Contractor shall not be responsible for all scattered Waste categories as defined in this
Contract unless the same has been caused by Contractor,in which case all scattered Waste shall be collected
by Contractor on the same day such spillage occurs.
Point of Contact: All dealings and contacts between Contractor and The City shall be directed between
the Public Sector representative of Contractor, or such other individual identified by Contractor, and the
Contract Administrator designated by The City.
REPORTING REQUIREMENTS
The Contractor shall be required to provide the following reports or notifications to the Contract
Administrator in addition to any daily reports. If not established by an outside authority,report formats will
PAGE I O-ITH WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
be mutually agreed to by Contractor and the City.
Monthly Reports Complete and accurate Monthly Reports must be submitted to the Contract
Administrator in a format acceptable to the City on or before the tenth(10th)of each month during the
term of the Contract. Monthly reports shall include resident-by-resident(address)and route-by-route
information regarding Participation Rates,Recycling Rates, and Tonnage Collected. All information
provided in the reports becomes the property of the City. The City shall have the right to use the data for
whatever purposes it deems appropriate.
Monthly Reports must contain at least the following information:
1) Number of Households served
2) Number of Commercial facilities served
3) Monthly tonnages by each category of service
Residential MSW
Residential Recycling
Recycling tonnage from Stella Roberts Recycling Center
Residential Green Waste
Residential Bulk
Commercial
Roll Off
4) Residential Recycling Participation Rate
5) Customer complaints received by Contractor arranged and listed by category, including date,
address, complainant,nature of complaint and resolution.
6) As requested by the City, Contractor shall make available GPS tracking reports for residential
collection.
Annual Reports No later than thirty (30) calendar days after the end of each calendar year, Contractor
shall submit to the Contract Administrator an annual report covering the immediate preceding Contract year
and include the following information:
1) A collated summary of the information contained in the monthly reports, including
reconciliation of any and/or adjustments from prior reports.
2) A discussion of highlights and other noteworthy experiences, along with measures to
resolve problems, increase efficiency and increase participation.
3) A description of all public information programs undertaken with audiences reached
and media used.
4) A summary of all roll-off compactor maintenance or replacements provided through
the year.
5) The City may withhold payment of balances due until said reports are received.
The obligation to submit an annual report shall survive the termination or expiration of this agreement.
Contractor shall submit an annual report for the final Contract year of this agreement no later than thirty
PAGE 16 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT. ...
(30)calendar days after the end of each year of the agreement. The City may withhold payment of balances
due to the Contractor at the end of the Contract until such final report is received and accepted by the City.
Contractor shall cooperate fully with providing information relevant to reporting requirements. The
reporting requirements are part of the material consideration and failure to comply with reporting
requirements shall constitute a material default and shall be subject to penalties and/or termination of the
contract.
All reports shall be submitted in an approved format to the addresses as the City may designate in writing.
If report information is transmitted electronically, Contractor shall provide information in a format that is
compatible with the existing computer system at the City.
CHARACTER AND CONDUCT OF EMPLOYEES
Contractor's employees who normally and regularly come in direct contact with the public shall bear
some means of individual identification such as uniform with name badges,name-tags or identification
cards. These employees shall be attired at all times in a professional-type manner and Contractor shall
undertake all service rendered under the Contract Documents in a neat,orderly and efficient manner and
to use care and diligence in the performance of this Contract. Contractor shall assure that employees serve
the public in a neat, orderly,courteous,helpful and impartial manner. All employees of Contractor in
both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such
behavior and language shall be the responsibility of Contractor. Contractor agrees to prohibit any
drinking of alcoholic beverages or use of illegal drugs or drugs which may impair the ability of the
employee or agent to safely and adequately perform his or her(drivers and crew members)job while on
duty or in the course of performing their duties under the Contract Documents. Contractor shall also
ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type
of vehicle he/she is driving.
In the event Contractor receives a report alleging an employee(s)of Contractor was wanton,discourteous,
belligerent,and profane or in any way intimidating,either physically or verbally,Contractor shall submit a
written report to the City outlining the complete details of the incident. Said report shall include the nature
of the incident,time, date and location,and name address and telephone number of the person alleging the
violation. The report shall also include the name and title of the employee and what disciplinary action, if
any,was taken. If an employee of Contractor is the subject of repeated or egregious allegations of the type
described above, the City may request that the employee be barred from further work for Contractor in
connection with the Contract. Upon the City's request, Contractor shall, within ten (10) calendar days,
comply with the City's request for the duration of the Contract Time. Contractor's employees shall make
collection with as little noise and as little disturbance to the Resident as reasonably possible.No Contractor
employee shall disturb or otherwise interfere with property that is appurtenant to the proper execution of
his duties.Care shall be taken by Contractor to prevent damage to property,including lawns,shrubs,flowers
and other plants.
PUBLIC EDUCATION ACTIVITIES
Residential Customer Notification. In an effort to inform and educate Residential Customers regarding
Contractor's commencement of services pursuant to this Contract, Contractor shall,at Contractor's cost:
PAGE 17 YSOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
(a) Distribute a professionally prepared brochure to each Residence at least one (1) time
approximately four (4) weeks prior to the commencement of collection by Contractor,
which brochure shall, as a minimum, describe the upcoming changeover in the provider
of Waste Material, Recyclable Material, Bulk and Yard Waste, and Door-to-Door
Household Hazardous Waste collection services to Residential Customers, the date
Contractor will start providing such services, Contractor's contact information to be used
by Residential Customers wishing to ask questions or lodge complaints, and any other
relevant information necessary to enhance community education;
(b) Provide to City a sufficient number of additional copies of the above-described brochure
to allow City to provide to people requesting such information;and
(c) Coordinate with and supply any and all information reasonably requested by City's Public
Affairs Manager to facilitate City's efforts to notify Residential Customers of this
transition.
(d) To support the City's environmental education efforts, the Contractor shall pay the
City the amount of Five Thousand Dollars ($5,000.00)per month.
Special Event and Other Services.The Contractor agrees to provide Dumpster(s) and/or Roll-Offs
for the Special Events and at The City facilities and pools set forth in Exhibit B. The type
of equipment and frequency of collection is set out in Exhibit B and may be adjusted as
agreed to by the City and Contractor. Necessary increases in service as agreed to between the City
and Contractor to existing City facilities will be added to the schedule and serviced at no charge.Any
additional events not listed in Exhibit B or necessary increases in service to events listed
in Exhibit B will be serviced by Contractor at a charge
PAYMENTS TO THE CONTRACTOR
The City shall provide billing and bill collection services for Residential Units during the term of
this Agreement.
(a) On the last business day of the month, the City shall provide Contractor the number of
Residential Units for which collection services were provided by the Contractor and
number of HHW pounds collected. Contractor shall then submit to the City an invoice
setting forth sums due by the City to Contractor for services rendered to Residential Units
under this Agreement, including those services relating to HHW collection. The City will
remit to Contractor payment for such services within thirty (30) days after receipt of
invoice.
(b) The City will notify Contractor in writing of any Residential Unit Customer that has failed
to pay the City for waste collection services, and Contractor, upon written direction from
City, shall cease servicing such delinquent Residential Unit until notified by the City.
Contractor shall have the right to cease servicing any Commercial Unit or Industrial Unit
that is delinquent in payment to Contractor.
(c) The Contractor shall provide billing and bill collection services to Commercial Units and
Industrial Units. The Contractor will be required to provide to the City,on a monthly basis,
a report showing the billings to Commercial Units and Industrial Units for the prior month,
PAGE 18 ! SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
including the services rendered, and the rate for such service.
Contractor shall pay to the City a franchise fee, the percentage to be determined by the
City, as a percent of the fees collected by the Contractor for Commercial Waste and
Industrial Waste (the "Franchise Fee").
The Contractor shall add the Franchise Fee to the rates charged by the Contractor to
Commercial and Industrial Customers. The Franchise Fee payments actually received by
Contractor shall be paid by the Contractor to the City within thirty(30) days after the last
day of the month of Contractor's actual receipt of such monies.
Non-Paying Residential Customers. City shall notify Contractor in writing of any Residential
Customer that has failed to pay City for waste collection services. Upon written direction from City,
Contractor shall cease servicing such a delinquent Residential Unit until notified by City to resume
service.
Commercial Customer Billing.Contractor shall be solely responsible for billing for all collection services
to Commercial Units, Commercial Small Business Units, and Industrial Units, both Permanent and
Temporary Roll-Off services. The City shall receive eighteen percent(15%) of the gross collections from
Commercial and Industrial Unit Customers as a franchise fee. Sludge removal for the City shall not be
subject to the 15%franchise fee.
The City shall not be obligated to pay Contractor for Commercial Collection services provided by
Contractor to Commercial Units or Industrial Units. Not later than the tenth(10t)day of each calendar
month during the Term of this Contract,Contractor shall provide to City a report showing the billings to
Commercial Units and Industrial Units for collection and other services provided to Commercial and
Industrial Customers within the City during the immediately prior calendar month, including the services
rendered,the rate for such service,and the amount of payments received by Contractor for such services
during the calendar month covered by the report.
Contractor shall remain liable for the payment of Franchise Fees pursuant to this Section after termination
of this Contract for any and all services provided prior to termination of this Contract. The City may,at its
sole option, deduct from the amount due and payable to Contractor pursuant to this Section any Franchise
Fee amounts if Contractor fails to pay the Franchise Fee on or before the 15th day after such payment is
due. Franchise Fees shall be due and payable on all services provided by Contractor within the City
pursuant to this Contract regardless of Contractor's failure to elect to pass through the cost of the Franchise
Fee to Customers.
Non-Paying Commercial Customers.Contractor shall have the right to assess interest at the highest rate
permitted by law and/late fees on Commercial or Industrial Customers who fail to timely pay Contractor's
invoices. Contractor shall have the right to suspend service to any Commercial or Industrial Customer that
is delinquent in payment to Contractor. If Contractor suspends service to a Customer for failure to timely
pay said invoices,Contractor has the right to charge a service reactivation fee to that Customer.
PAGE 19 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
MODIFICATION OF RATES
Base Rates charged by Contractor for services will remain fixed and will not be adjusted for changes in the
CPI (hereinafter defined)until October 1,2022. Commencing on October 1, 2022, continuing annually on
each anniversary date of the Commencement Date of this Agreement,upon ninety(90) days notice to the
City,the Base Rates for services shall be adjusted by the same percentage as the Consumer Price Index for
All Urban Consumers (published by the United States Bureau of Labor Statistics, Consumer Price Index,
U.S. City Average, All Urban Consumers, Garbage and Trash Collection,Not Seasonally Adjusted. Base
Period December 1983=100) (the C.P.I.) shall have increased during the preceding twelve months. In the
event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I, the parties
hereto agree to substitute another equally authoritative measure of the change in the purchasing power of
the U.S. dollar as may be then available so as to carry out the intent of this provision. In any year where the
adjustment would result in a downward adjustment,the adjustment shall be zero percent(0%).
REGULATORY RATE ADJUSTMENT
The City will consider as a provision of the Contract the right for Contractor to petition the City at any time
for additional payment rate adjustments on the basis of certain unusual and unanticipated changes in the
cost of operations, including, but not limited to new or revised Federal or State laws, ordinances or
regulations that place a direct fee or tax per ton on municipal solid waste generated by the City. If the City
shall fail to approve such requested increase within thirty(30)days after receipt of such request,Contractor
shall have the right to terminate the Contract with 270 days'notice to the City.
CONTRACTOR RESPONSIBILITIES
In providing the services required by this Contract, Contractor shall be responsible for:
(a) Furnishing all skill, labor, equipment, materials, supplies and utility services required for
providing all services in accordance with this Contract;
(b) All actions and activities of its subcontractors;
(c) Supplying all records and information required by this Contract;
(d) Securing at Contractor's expense all governmental permits and licenses and required
regulatory approvals,including those required by City ordinances;
(e) Paying all applicable taxes and Franchise fees;
(f) Complying with applicable laws and regulations;
(g) Performing all work in a timely,thorough and professional manner;
(h) Disposing of all collected MSW at a permitted MSW Landfill;
(i) Processing and marketing Recyclable Materials collected by Contractor from the
Residences;
(j). All wage increases for Contractor's collectors or other employees, any benefits or added
costs resulting from changes in technology, laws, and regulations, labor practices,
PAGE 20 ( SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
availability of equipment,and other business risks that may affect the performance of this
Contract; and
(k) Collecting all missed pickups for any service provided within 24 hours after being notified
of the missed pickup, including picking up on Saturday if notified of a missed pickup on a
Friday; provided,however,missed pick-ups for which Contractor receives notification on
a Saturday will be collected on the immediately following Monday.
Collection Assistance: If the City deems all residents of a Residence are handicapped or due to age or
verified physical limitations cannot safely move their Recycling Container and Waste Cart to the curb,
Contractor personnel will collect the Carts at the side yard or garage door and return to the same place once
emptied. All requests for collection assistance will be approved by the City and then relayed by the City to
Contractor.
Right to Reject Unacceptable Waste. City agrees that if Unacceptable Waste is set out by a Customer
for collection, Contractor may, in its sole discretion,reject such Unacceptable Waste. Neither title to,nor
liability for,Unacceptable Waste shall pass to Contractor.
Adding Residential Customers. Contractor will establish New Residential Customer Service upon City
request not later than the next collection day for the subject Residence following receipt of the written
request for such commencement of service from the City.
Office. Contractor shall maintain an office or such other facilities through which it can be contacted by
direct visit or by local (toll free)call from anywhere in the City on regular collection days,as follows: (i)
Monday through Friday between 7:00 A.M. and 7:00 P.M. Central Time; and(ii) Saturday between 8:00
A.M. and 2:00 P.M. Central Time.
Phone Contact Number. Contractor shall maintain an office or other facilities through which they can
be contacted equipped with sufficient telephones having local phone numbers. Such office shall be staffed
by a responsible person in charge and an adequate number of additional staff available to answer the phone
from 7:00 a.m. to 7:00 p.m. on regular collection days. When the collection is postponed one day for
scheduled or unscheduled reasons, Contractor's customer service personnel must be available to answer
phones on all days during which collection service is provided. An informative recording answering
frequently asked questions shall be available at all other hours,thereby providing a 24-hour,7-day per week
customer service line.
Litter or Spillage. Contractor shall not litter premises in the process of making collections. In the event
of spillage by Contractor,Contractor will be responsible for cleanup of any spills including, but not
limited to, garbage,fuel, oil,and other fluids from Contractor's vehicles or resulting from the collection
of Waste Material.
Street Damages. Contractor shall be responsible for the repair of damage to paved surfaces on public
streets, alleys,thoroughfares,bridges, or easements when such damage is caused by Contractor's
negligent or inappropriate operation of its collection equipment. Contractor shall not be responsible for
normal wear and tear of public rights of way or regular maintenance of such rights of way. Substantiation
of cause shall be determined by the mutual contract of City and Contractor. At no time shall Contractor
operate a vehicle in the City's Limits that:
(a) is loaded to the extent that the load exceeds the weight allowed by law for the rating of said
vehicle; or
PAGE 21 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
(b) is loaded to the extent that the combined weight of the load and vehicle exceeds the weight
allowed on the public streets, alleys, thoroughfares, bridges, or easements on which the
vehicle is traveling, if such street, alley, or bridge has received a weight limitation rating.
Contractor shall,not later than forty-five (45)days following written demand, reimburse City for all costs
related to City's repair of damages determined by mutual contract to be Contractor's responsibility..
City Facilities. Contractor shall not charge City for collection services from City Facilities as described
in Exhibit"A"or from any additional City Facilities that City may add.
Enforcement: Contractor has the right to seek an injunction against any third party which is believed to
be infringing upon the rights of Contractor to this Agreement, including Contractor's right to be the sole
provider of Waste and Recyclable Materials collection within the City per this Agreement.
COMPLIANCE WITH LAWS
Contractor shall conduct operations under this Contract in compliance with all Applicable Laws. Contractor
expressly understands and agrees that nothing in this Contract shall be construed in any manner as limiting
the right of City to pass or enforce necessary police and health regulations for the protection of its residents
and businesses.Contractor further understands and agrees that if City notifies Contractor that Contractor or
one of its officers,agents,employees,Contractors,or subcontractors is in violation of any Applicable Law,
Contractor shall immediately cease, or direct the cessation of, such activity and correct such violation.
Compliance with Federal Immigration Laws. Contractor agrees at all times to comply with Federal
Immigration laws with respect to employment and to make available during Contractor's regular business
hours on request of City employee documentation verifying an employee's status to be employed by an
employee in the United States. Contractor agrees to verify current and future employee's status by
utilizing the E-Verify internet-based system as operated by the United States Department of Homeland
Security, or I-9 verification.
NON-DISCRIMINATION
In the provision of services hereunder or the performance of this Contract,Contractor shall not discriminate
against any person because of race, sex,age,creed,color,religion or national origin.
ASSIGNMENT OF CONTRACT
Neither Party shall assign this Contract in its entirety without the other Party's prior written consent,which
consent shall not be unreasonably withheld. Notwithstanding the foregoing, Contractor may assign this
Contract upon written notice,but without the City's consent,to a parent company or any of its subsidiaries
or to any person or entity who purchases any operations from Contractor,but only so long as such person
or entity agrees to assume all of Contractor's obligations and liabilities regarding the performance of this
Contract.In addition,Contractor may make a collateral assignment of this Contract to any lender as security
for a loan made by the lender to Contractor without the consent of the City.
PACE 22 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
TITLE TO WASTE MATERIAL
Title to Waste Materials and Recyclable Materials shall pass to Contractor when placed in Contractor's
collection vehicle. Title to and liability for any Unacceptable Waste shall remain with the Customer,
Generator or depositor of such waste and shall at no time pass to Contractor or City.
CONTRACTOR'S PROPERTY
All containers, trucks and any other equipment that Contractor furnishes under this Contract shall remain
Contractor's property.
RECORD KEEPING/RIGHT TO INSPECT
Contractor shall maintain records generated pursuant to services rendered in accordance with the Contract
for a period of at least four(4)years after submission of the last accounting report date on which services
were rendered. The City retains the right to examine, inspect, audit, and copy, regardless of location, any
and all documents, records, files, data, and information generated or utilized by Contractor in the
performance of this Contract. The City may request periodic reports pursuant to services rendered. Such
reports must be provided in a reasonable and timely manner, but in no case later than fifteen(15)business
days following receipt of the request unless the request specifies a later deadline.City may withhold making
payments due to Contractor pursuant to this Contract if any report required to be made pursuant to this
Contract has not been delivered to City on or before the fifth(5th)day following the date that such report is
required to be delivered to City pursuant to this Contract and may continue to be withheld until the second
business day after such report is delivered.
MISCELLANEOUS TERMS
Confidentiality Regarding Waste Material. Contractor shall have no confidentiality obligation with
respect to any Waste Materials or Recyclable Materials collected pursuant to this Contract.
Binding Effect. This Contract shall be binding upon and inure solely to the benefit of the Parties and
their permitted assigns.
No Waiver for Delay. The failure or delay on the part of either Party to exercise any right,power,
privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or waiver
by either Party of any provision shall be deemed to have been made unless made in writing.Any waiver
by a Party for one or more similar events shall not be construed to apply to any other events whether
similar or not.
Governing Law;Venue. This Contract shall be interpreted and governed by the laws of the State of
Texas. Venue for any suit between City and Contractor arising from or related to this Contract shall be in
a state district court in Brazoria County,Texas.
Incorporation of Proposal and RFP. Contractor expressly acknowledges and agrees that the services to
be provided pursuant to this Contract shall be performed substantially to the extent and in the manner set
forth in the Proposal except as otherwise altered by this Contract. To the extent of any conflict between
or among the language and provisions of this Contract,the Proposal,and the RFP,the priority of
documents with respect to resolving such conflict shall be this Contract,then the RFP,then the Proposal.
PAGE 23 1 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Proposal Representations. Contractor expressly acknowledges that City has entered this Contract in
express reliance on the truth of the statements and representations set forth in the Proposal and agrees that
the representations made by Contractor in the Proposal are true and correct as of the Effective Date.
Prohibition of Boycott Israel. Contractor verifies that it does not Boycott Israel,and agrees that during
the term of this Contract will not Boycott Israel as that term is defined in Texas Government Code
Section 808.001,as amended.
CITY'S OBLIGATIONS
City hereby makes the following representations and warranties to,and for the benefit of, Contractor:
(a) The City is a home rule municipality duly organized and validly existing under the
Constitution and laws of the State of Texas, with full legal right, power, and authority to
enter into and perform its obligations under this Contract
(b) The City has duly authorized the execution and delivery of this Contract and this Contract
constitutes a legal, valid, and binding obligation of City that is enforceable against City
according to its terms.
(c) To the best of City's knowledge, information, investigation or belief, no action, suit or
proceeding, at law or in equity, before or by any court or governmental authority,
commission, Council, agency or instrumentality is pending against City wherein an
unfavorable decision, ruling or finding, in any single case or in the aggregate, would
materially adversely affect the performance by Contractor of its obligations hereunder or
in connection with the obligations,undertakings,and transactions contemplated hereby,or
which, in any way, would adversely affect the validity or enforceability of this Contract or
any other contract or instrument entered into by City in connection with the obligations,
undertakings,transactions contemplated hereby.
(d) To the best of City's knowledge, information, investigation or belief, as of the Effective
Date, City has the legal right and authority to grant this exclusive franchise and shall
defend, and use reasonable efforts to uphold this Contract, and the City's right to adopt
and/or enforce this exclusive franchise if the City's right to adopt and/or enforce this
exclusive franchise or enter into this Contract is ever challenged, litigated or disputed
during the term of the Contract. The City acknowledges that this is an essential term of the
Contract that Contractor is relying upon in entering into the Contract.
LIQUIDATED DAMAGES
Acceptable performance standards include the provision of daily services on a timely basis with minimal
interruptions, the Contractor being environmentally responsible while providing the daily services and the
Contractor responding promptly to both residential and commercial customers.
In no event will the Contractor be liable for Liquidated Damages unless such failure is caused by the
Contractor. The City may charge Liquidated Damages to the Contractor in accordance with the Summary
of Liquidated Damages on a monthly basis in connection with the Contract and shall, at the end of each
month during the term of the Contract, notify the Contractor in writing of the amount of Liquidated
Damages assessed for such month, if any. In the event the Contractor wishes to contest any Liquidated
Damages assessment, Contractor is authorized to request in writing a meeting with the City Contract
PAGE 24 i SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Administrator, to attempt to resolve the issue. In the event the Contractor wishes to contest a decision by
the City Contract Administrator, the Contractor shall, within ten (10) days after receiving such notice,
request in writing a hearing date before the City Manager, or designee, to present its defense to such
assessment. The City Manager, or designee, will notify the Contractor in writing of any action taken with
respect to the Contractor's claims.
Public Works representatives, Utility Billing representatives and members of the City Management staff
will make recommendations to the City Manager,or designee,who will make the final decision and contact
the Contractor prior to assessing charges.
SUMMARY OF LIOUIDATED DAMAGES
The Contract will provide that the City may assess liquidated damages to Contractor as follows:
1. Missed collection: $25 per missed collection in excess of two(2)missed collections per day. A missed
collection occurs when a customer reports a missed collection,the address was not reported by Contractor
as an unacceptable set-out, and Contractor cannot provide data demonstrating collection vehicle traveled
on street and collections occurred on street during the day of the complaint.
2. Missed residential unit block: $500 per incident for Contractor failing to pick up material on a block
containing residential units. A missed residential unit block is where three(3)residential units on one side
of a street between cross streets,or an entire cul-de-sac report a missed collection.A missed residential unit
block occurs when the addresses reporting missed collections were not reported by Contractor as
unacceptable set-outs and Contractor cannot provide data demonstrating collection vehicle traveled on the
block during the day of the complaint.
3. Commencement of residential collection prior to 7:00 a.m., or operating within the City after 7:00
p.m. except as expressly permitted: $250 per route per occurrence
4. Commencement of commercial collection within 500 feet of a Residence prior to 7:00 a.m,
commencement in other areas prior to 5:00 a.m., or operating within the City after 7:00 p.m. except as
expressly permitted: $250 per route per occurrence
5. Failure to complete a majority(50%)of the collections on a given day: $2,500 each incident
6. Failure to maintain a vehicle in a manner consistent with the Contract: $100 each incident
7. Failure to clean up spilled Solid waste,resulting from loading and/or transporting within two(2)hours
of notification: two hundred fifty dollars($250.00).
8. Failure to address complaints within one business day: $100 each incident.
9. Failure to submit an accurate Monthly or Annual report in the specified format, as required by the
contract: $250 per report per calendar day delinquent.
10.Failure to return carts and containers to approximately original collection location: $25 each incident.
11. Failure to leave a public education notice when material that is inappropriately prepared is not
collected: $100 each incident.
12. Failure to be prepared to perform services on or after the commencement date: $3,000 per calendar
day.
PAGE 25 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
TERMINATION OF CONTRACT
Termination by Default. If City notifies Contractor of a failure of Contractor to perform a material
provision of this Contract and Contractor has failed to cure such failure on or before the thirtieth(30th)day
following such notice,or if such failure can be cured,but cannot be reasonably cured within said thirty(30)
days, then by the date such failure should reasonably be cured, but in no case later than ninety (90) days
after delivery of the notice from City, City may terminate this Contract by delivery of written notice to
Contractor. Upon such termination under this section,in the event such termination occurs during the Initial
Term,City, as its sole and exclusive remedy,may exercise its rights under Contractor's performance bond,
if applicable, and procure the services of another waste collection services provider to complete the work
covered under this Contract for the remainder of the time period covered by the Initial Term. Except for
such right during the Initial Term, following any such termination, neither Party shall have any further
obligation under this Contract other than for claims for personal injuries or property damage and the right
to be indemnified therefor as expressly provided in this Contract and arising prior to such termination date.
Dispute Resolution. The Parties hereto agree that prior to filing suit with respect to any dispute between
the Parties arising from or related to this Contract to submit the dispute to mediation,with the cost of said
mediation to be split evenly by the Parties.
FORCE MAJEURE
Any failure or delay in performance under this Contract due to contingencies beyond a Party's reasonable
control, including, but not limited to, strikes, riots, terrorist acts, compliance with applicable laws or
governmental orders, fires,bad weather and acts of God, shall not constitute a breach of this Contract,but
shall entitle the affected Party to be relieved of performance under this Contract during the term of such
event and for a reasonable time thereafter.
Contractor shall notify City by 6:00 a.m. on the day of service or day before if known, if service will not
be provided due to a"Force Majeure"event. If Contractor begins service and then makes a determination
to stop service mid-day due to Force Majeure,then Contractor will provide notification to the City as soon
as possible.As soon as practical after such Force Majeure Event,the Contractor shall advise the City when
it is anticipated that normal routes and schedules can be resumed.
INSURANCE
During the term of this Contract,Contractor shall maintain in force,at its expense,insurance coverage with
minimum limits as follows:
(a). On Occurrence Basis:
o Commercial General Liability.
o Combined single limit not less than$2,000,000 per occurrence
o Aggregate not less than$4,000,000;
• Automobile Liability: Combined single limit not less than$1,000,000;
• Automobile Property Damage: Not less than$1,000,000 per occurrence;
• Premises/Completed Operations: Not less than$4,000,000
PAGE 26 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
• Explosion/Collapse/Underground: As applicable
o Umbrella.
• Per Occurrence: Not less than$10,000,000
• Aggregate: Not less than$10,000,000
(b) Contractor will retain retro dates with any new carrier.
(c) All insurance and certificate(s)of insurance shall be endorsed to contain the following:
(1) Name City, its officers, agents and employees as additional insureds as to all applicable
coverage with the exception of Workers Compensation Insurance;
(2) a waiver of subrogation against City for injuries,including death,property damage,or any
other loss to the extent the same is covered by the proceeds of insurance, except with
respect to the gross negligence or willful misconduct of City, its employees, or agents.
A certificate of insurance evidencing the required insurance shall be submitted to City not later
thirty (30) days prior to the Commencement Date and not later than thirty (30) days prior to the
commencement of each Extension Term.
(d) During the term of this Contract, Contractor shall maintain Statutory Workers' Compensation
insurance coverage or other benefit plans for work-related injuries as allowed by Applicable Law.
(e) Each and every insurance policy required to be carried by or on behalf of Contractor pursuant to
this Contract shall provide (and any certificate evidencing the existence of each such insurance
policy shall certify) that such insurance policy shall not be canceled, non-renewed or coverage
thereunder materially reduced unless City has received notice of cancellation, non-renewal or
material reduction in coverage, in each such case (except for notice of cancellation due to non-
payment of premiums) such notice to be sent to City not less than thirty(30)calendar days (or the
maximum period of calendar days permitted under Applicable Law,if less than thirty(30)calendar
days)prior to the effective date of such cancellation,non-renewal or material reduction in coverage,
as applicable. In the event any insurance policy required to be carried by or on behalf of Contractor
pursuant to this Contract is to be canceled due to non-payment of premiums, the requirements of
the preceding sentence shall apply except that the notice shall be sent to City on the earliest possible
date but in no event less than ten(10)calendar days prior to the effective date of such cancellation.
DEFENSE OF SUITS
If any action in court is brought against the City,or any officer or agent of the City, for the failure,
omission, or neglect of the Contractor to perform any of the covenants,acts,matters, or things under this
Contract; or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors
or his or their agents, or in connection with any claim based on lawful demands of subcontractors,
workmen, material men,or suppliers the Contractor shall indemnify and save harmless the City and its
officers and agents, from all losses,damages,costs,expenses,judgments,or decrees arising out of such
action.
PAGE 27 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
INDEMNITY
Contractor is solely responsible for and shall defend, indemnify, and hold city (or any of city's
representatives or employees),free and harmless from and against any and all claims,liabilities,demands,
losses, damages, costs or expense to all persons (including but not limited to reasonable attorneys' fees)
arising out of resulting from or occurring in connection with the performance of the work that is (i)
attributable to any bodily or personal injury, sickness, diseases or death of any person or any damage or
injury to or destruction of real or personal property (other than the work itself) including the loss of use
thereof, and (ii) caused in whole or in part by any negligent, strict liability or other act or omission of
contractor,any subcontractor or supplier,their respective agents or employees or any other party for whom
any of them may be liable regardless of whether such is caused in part by the negligent, strict liability or
other act or omission of a party or parties indemnified hereunder. Said indemnity and hold harmless
agreement shall also apply to claims arising from accidents to contractor,its agents or employees,whether
occasioned by contractor or its employees or by any other person or persons.The foregoing indemnification
obligation shall not be limited in any way by any limitation on the amount or type of damages,compensation
or benefits payable under workers' or workmen's compensation acts, disability benefit acts or other
employee benefit acts.
PERFORMANCE BOND
Upon Contract execution, Contractor shall furnish to The City a Performance Bond from a reputable
banking institution, reasonably acceptable to The City, with a corporate surety to guarantee the faithful
performance of the obligations under the Contract in the amount equal to one hundred percent(100%) of
the estimated annual value of the Contract. The Performance Bond will not suffice for purposes of the
Contract until the terms,conditions,and provisions of the Bond are approved by legal counsel for The City.
The Contractor shall pay all premiums chargeable for the Performance Bond. The Performance Bond shall
be valid and non-cancelable for the Initial Term of the Contract(or shall be annual but renewed each year
prior to its expiration) and shall be renewed for the period of any Renewal Term(or shall be annual, but
renewed each year prior to its expiration).
INDEPENDENT CONTRACTOR
Contractor shall at all times be and hold itself out to the public as an Independent Contractor working on
behalf of The City. Contractor is not an agent,employee or servant of The City and shall not represent
itself as such.
SUCCESSORS AND ASSIGNS
The Contract shall be binding upon the heirs,personal representatives,successors and assigns of the parties
hereto:provided,however,this provision shall not be deemed to authorize the assignment or other transfer
of the Contract which may only be accomplished as expressly provided in the Contract.
OWNERSHIP
Title to Waste and Single-Stream Recyclable Materials,Recycling Materials,Yard Waste,and Bulky Waste
shall pass to Contractor when placed in Contractor's collection vehicle. Title to Unacceptable Waste shall
remain with the Generator of such Unacceptable Waste.
PAGE 28 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
COMPLIANCE WITH LAWS AND ORDINANCES
Contractor shall comply with all local, state and federal ordinances, statutes, laws, rules, and regulations
applicable to the work or governing the collection, disposal and processing of Refuse, Yard Waste,
Recyclable Materials,and Bulky Waste as well as restrictive covenants of the City.
If Contractor discovers any provisions in the specifications or Contract which are contrary to or inconsistent
with any law,ordinance or regulation,they shall immediately report it in writing to the City. Except where
otherwise expressly required by applicable laws, rules, and regulations, the City shall not be responsible
for monitoring Contractor's compliance with any laws,rules or regulations.Notwithstanding the foregoing,
Contractor shall not be obligated by the Contract to accept refrigerators or other devices known to contain
chloroflouro-carbons (CFC's) unless Resident establishes that the item is free of CFC's by providing a
written certification of CFC removal and may be lawfully disposed or recycled at Disposal Facilities.In the
event the owner of a refrigerator or other device known to contain CFC's cannot be located and Contractor
is asked to dispose of such by the City, Contractor agrees to collect such item, evacuate the CFC's and
dispose of it,and charge the City for said service at the agreed-upon rate as cited in the Contract Cost Forms.
Severability. If any provision of this Contract shall be invalid,illegal or unenforceable,it shall be modified
so as to be valid, legal and enforceable but so as most nearly to retain the intent of the Parties. If such
modification is not possible,such provision shall be severed from this Contract. In either case,the validity,
legality, and enforceability of the remaining provisions of this Contract shall not in any way be affected
thereby.
Prior Agreements: This Contract sets forth the entire contract of the Parties and supersedes all prior
contracts, whether written or oral, that exist between the Parties regarding the subject matter of this
Contract. All provisions of this Contract shall be substantially complied with and conformed to by the
Parties, and no amendment to this Contract shall be made except upon written consent of the Parties. No
amendment shall be construed to release either Party from any obligation under this Contract except as
specifically provided for in such written amendment executed by the Parties.
Attorneys Fees. If any litigation is commenced under this Contract,the successful Party shall be entitled
to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert
witness fees, litigation-related expenses and court or other costs incurred in such litigation or proceeding.
NOTICES
All notices or other communications required or permitted to be given pursuant to this Agreement shall be
in writing and shall be considered as properly given (i) if mailed by first-class United States mail,postage
prepaid,registered or certified with return receipt requested,(ii)by delivering same in person to the intended
addressee, or (iii) by delivery to an independent third party commercial delivery service for same day or
next day delivery and providing for evidence of receipt at the office of the intended addressee. Notice so
mailed shall be effective upon its deposit with the United States Postal Service or any successor thereto;
notice sent by such a commercial delivery service shall be effective upon delivery to such commercial
delivery service; notice given by personal delivery shall be effective only if and when received by the
addressee; and notice given by other means shall be effective only if and when received at the office or
designated place or machine of the intended addressee. For purposes of notice,the addresses of the parties
shall be as set forth below; provided, however, that either party shall have the right to change its address
for notice hereunder to any other location within the continental United States by the giving of thirty (30)
days'notice to the other party in the manner set forth herein.
PAGE 29 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
If intended for City,to: If intended for Contractor:
City of Pearland,Texas Frontier K2, LLC
Attn: City Manager Attn: John Gustafson
3519 Liberty Drive 10185 FM 1960
Pearland,Texas 77581 Dayton,TX 77535
With copy to: With copy to:
Deputy City Manager Bill Killian
AGREED AND SIGNED by the authorized representatives of the Parties hereto on the dates indicated
below.
ATTEST: City of Pearland,Texas
l -Q Lt k BY:
Name: Al <Jp h._ ?CA rS•2-.
Title: (713 MActx5r/
Date: 2-7 L ,2020
APPROVED AS TO FORM:
Contractor: Frontier K2,LLC
By: L .�
Name: \ 44cfl\J
Date: , 2020
PAGE 30 J SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
EXHIBIT A
Rates and Services
All fees exclude any franchise fees.
Residential
MSW collection two times per week with 95-Gallon cart(all items in the cart)
Price per home per month $ 10.63
MS W collection two times per week with 65-Gallon cart(all items in the cart)
Price per home per month $ 10.63
Recycling collection one time per week with 95 gallon cart(all items in the cart)
Price per home per month $ 3.50
Brush and/or Bulky materials collection one time per week (2 cubic yard limit)
Price per home per month $ 1.75
Extra Service Pink Tags (supplied by Contractor)
Price per collected bag $ .65
Rate for each additional Solid Waste cart per residence
Price per home per month $ 9.26
Rate for each additional Recycling cart per residence
Price per home per month $ 6.25
Rate for Replacement Cart(either service)
Price per replacement $ 55.00
Collection Rates for Unusual Accumulation Waste Collection
Rate per hour for Vehicle (any type) and Crew $ 195.00
Disposal fee per yard collected $ 13.00
Small Commercial with Contractor-supplied 95 jiallon Poly Carts
One 95-gallon Cart once per week for MSW $ 19.95
One 95-gallon Cart twice per week for MSW $ 24.95
One 95-gallon Cart once per week for Recycling $ 7.50
PAGE 1 EXHIBIT"A"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
Commercial Front Load Rates
All fees exclude any franchise fees.
Size lx 2x 3x 4x 5x 6x extra p/up
2 yard $68.12 $99.36 $ 130.57 $ 162.27 $ 195.00 $225.00 $30.00
3 yard $82.93 $ 125.63 $ 168.32 $211.02 $245.00 $275.00 $45.00
4 yard $96.06 $ 146.97 $ 197.89 $248.82 $299.75 $349.70 $55.00
6 yard $ 119.08 $ 196.23 $249.02 $331.25 $413.42 $495.62 $60.00
8 yard $ 140.20 $240.58 $331.24 $440.83 $550.45 $660.01 $ 75.00
Casters(fee per month per container) $10.00
Locks (fee per collection per container) $2.00
Enclosures(fee per collection per container) $3.00
PAGE 2 EXHIBIT"A"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
Roll-Off Containers
Important Note: All fees exclude any franchise fees.
Roll-Off-Temp-EXCLUSIVE TO CONTRACTOR
Delivery Daily Rental Haul Rate Disposal
per Ton*
20 yard $50.00 $3.00 $225.00 $45.00
30 yard $75.00 $3.00 $225.00 $45.00
40 yard $75.00 $3.00 $255.00 $45.00
Roll-Off-Permanent-EXCLUSIVE TO CONTRACTOR
Delivery Daily Rental Haul Rate Disposal
per Ton*
20 yard $.00 $3.00 $225.00 $45.00
30 yard $.00 $3.00 $225.00 $45.00
40 yard $.00 $3.00 $255.00 $45.00
Roll-Off-Compactor-EXCLUSIVE TO CONTRACTOR
Monthly Haul Rate Disposal
Rental per Ton*
15 yd SC** $395.00* $225.00 $45.00
20 yd SC** $395.00* $225.00 $45.00
25 yd SC** $450.00* $225.00 $45.00
30 yd SC** $495.00* $225.00 $45.00
35 yd SC** $495.00* $275.00 $45.00
40 yd $158.00* $225.00 $45.00
Receiving
Container***
* some extra costs might be incurred for special chutes,fabrication,or specialty compactor units
Household Hazardous Waste Collection From Recycling Center
Price per pound $ .99
PAGE 3 EXHIBIT"A"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
EXHIBIT "B"
City Facilities at No Charge
(Future City facilities will be provided free of charge)
Keep Pearland Beautiful coordinates the following events:
• Community Clean-Up Days, twice per year, roll-off hauls limited to 60 hauls per event.
• Keep Pearland Beautiful Trash Day, roll-off hauls limited to 10 hauls.
City Facilities Roll-Off Services
Service Name Street City Size Average Hauls Per Month
Stella Roberts Recycle Ctr 5800 Magnolia Dr 1 40 C 4
Event Port- ADA POLs Handwash 4 yard FEL
o-Lets Stations
Trick or Treat Trail 8 2 2
Winter Fest 14 5 4 4
Paws in the Park 3 1 1
4'h of July Celebration 14 4 4
Christmas Tree Lighting 12 4 2
Christmas Parade 9 3 3 1
Four Park Events
PAGE 1 EXHIBIT`B"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
Facility Name Number Address Qty Size&Frequency
CoP-Animal Control 2002 OLD ALVIN RD 1 3 YD FEL 1X WK
CoP-Barry Rose Reclamation Facility 1902 BARRY ROSE RD 1 4 YD FEL 1X WK
CoP-Centennial Park 3101 MCLEAN RD 2 6 YD FEL 3X WK
CoP-Centennial Park 3101 MCLEAN RD 1 8 YD FEL 1X WK
CoP-City Hall/City Hall Annex 3519 LIBERTY DR 1 8 YD FEL 3X WK
CoP-City Hall/City Hall Annex 3519 LIBERTY DR 1 8 YD FEL RCY 1X WK
CoP-David L.Smith Fire Admin Bldg. 2703 VETERANS DR 1 8 YD FEL 2X WK
CoP-Delores Fenwick Nature Center 5750 MAGNOLIA PKWY 1 2 YD FEL 1X WK
CoP-Fire Station#1(1571 Old Alvin Rd,Pearland,77581 1571 OLD ALVIN RD 1 4 YD FEL 1X WK
CoP-Fire Station#2 6050 FITE RD 1 4 YD FEL 1X WK
CoP-Fire Station#3 3207 YOST BLVD 1 4 YD FEL 1X WK
CoP-Fire Station#4 8333 FREEDOM DR 1 8 YD FEL 5X WK
CoP-Fire Station#5 3100 KIRBY 1 4 YD FEL 1X WK
CoP-Fire Station#8(Summer 2020) 12255 SHADOW CREEK PKWY 1 4 YD FEL 1X WK
CoP-Hickory Slough Complex 7600 Hickory Slough 1 6 YD FEL 1X WK
CoP-Hillhouse Annex(2559 Hillhouse) 2557 HILLHOUSE RD 1 6 YD FEL 1X WK
CoP-Independence Park 3519 LIBERTY DR 1 6 YD FEL 3X WK
CoP-Independence Park 3913 LIBERTY DR 1 6 YD FEL 3X WK
CoP-JHEC Reclamation Facility 5900 MAGNOLIA 1 6 YD FEL 1X WK
CoP-JHEC Reclamation Facility 5900 MAGNOLIA 1 8 YD FEL 1X WK
CoP-Longwood Reclamation Facility(2727 Dixie Fm Rd) 16513 LONGWOOD 1 3 YD FEL 1X WK
CoP-Magnolia Water Plant 3812 MAGNOLIA 1 2 YD FEL 1X WK
CoP-Melvin Knapp Activity Center 2425 S GRAND BLVD 1 6 YD FEL 2X WK
CoP-Melvin Knapp Activity Center 2425 S GRAND BLVD 2 96 GAL REL RCY TOT PER
CoP-Public Safety Bldg 2555 CULLEN PKWY 1 8 YD FEL 5X WK
CoP-Public Safety Bldg 2555 CULLEN PKWY 1 8 YD FEL RCY 1X WK
CoP-Public Works Service Center 3501 E ORANGE ST 1 8 YD FEL 3X WK
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 3 YD FEL 3X WK
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 40 Yard R/Off 1 x per month
CoP-Public Works Service Center 2012 OLD ALVIN RD 1 40 Yard R/Off 1 x per month
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 3 YD FEL 2X WK
CoP-Public Works Service Center 3501 E ORANGE ST 1 6 YD FEL 3X WK
CoP-Public Works Service Center 3501 E ORANGE ST 3 3 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 8 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 6 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 8 YD FEL RCY 1X WK
CoP-Shadow Creek Ranch Sports Complex 13050 SHADOW CREEK PKWY 1 4 YD FEL 2X WK
CoP-Southdown Reclamation Facility 3711 SOHO DR 2 4 YD FEL 1X WK
CoP-Tom Reid Library 3522 LIBERTY DR 1 4 YD FEL 1X WK
CoP-Tom Reid Library 3522 LIBERTY DR 1 4 YD FEL RCY 1X WK
CoP-Westside Event Center 2150 COUNTRY PLACE PKWY 1 6 YD FEL 1X WK
CoP-Westside Event Center 2150 COUNTRY PLACE PKWY 1 96 GAL REL RCY TOT PER
PAGE 2 I EXHIBIT"B"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
'7 October 2020
To: Mayor and City
Council members
Memo An important and complex process is
concluding with a recommendation for solid
o 44 waste hauler for Pearland. There was good
To: Clay Pearson, City M. ager competition and interest. Based on responses
IfitialAba
and interviews,follow-up diligence from staff,
From: Trent Epperson, D-puty City Mar recommending a franchise agreement to
TEX AS Frontier Waste Solutions Recommendation is
Est. Iel' CC: Jon Branson, D •puty City Manag going to carts and to 1x/week pick-up. Result
Ron Fraser, A .sistant City Manac is a better contract for City, dedicated Pearland
John McCa -r, Director of Finanl service unit, and 16% reduction in monthly
David Van 'iper, Assistant Direct residential rates. Please review, share any
Laurie R.•riquez, Environmental questions for follow-up in advance of Monday.
Nancy ► assey, Water Billings & (Clay
Ranc: Rhame, Senior Code Enforcement Officer
Date: 0 ober 7, 2020
Re: Solid Waste Request for Proposal Update
The purpose of this memorandum is to provide information for an upcoming Input and discussion
Item on the Solid Waste Contract at the October 12, 2020 City Council meeting. The purpose of
the Input and Discussion item will be to confirm the amount of the franchise fee for both residential
and commercial service, select a service option, and provide our recommendation on the Request
for Proposal (RFP) evaluation.
Background
The July 2020 memo (attached) includes information on the RFP development and evaluation
criteria. The RFP was posted to the City's eBid system on July 15, 2020. Four addendums were
issued in response to questions from bidders after posting. The RFP closed on September 3,
2020.
Franchise Fee
The current and long-standing franchise fees to the City are included in the base rate and are
18% for commercial accounts and 15% for residential accounts. The RFP solicited base rates
without the franchise fees included to allow for transparency and for the City to establish the
franchise fee rates separately.
Staff is recommending that both the commercial and residential franchise fees be 15%. Lowering
the franchise fee for commercial customers would mean that those customers would pay less on
their bill but it would result in less revenue to the General Fund.
RFP Respondents
A mandatory Pre-Proposal meeting was held on August 6, 2020 at 11:00 a.m., at which eight (8)
solid waste providers called in with interest in bidding. All providers were made aware of the
timeline for submitting proposals and to direct any questions through the eBid system.
• BVR Waste & Recycling
• FCC Environmental Services
• Frontier Waste
• Republic Services
• Waste Connections
• WCA
• Waste Management
• Texas Pride
Of the eight interested providers, five (5) submitted a proposal for consideration by the due date,
September 3, 2020.
• FCC Environmental Services
• Frontier Waste
• Waste Connections
• WCA
• Waste Management
RFP Evaluation
Service Options Evaluation
The RFP requested pricing for three options:
Option 1: Current 2x/week bag service with 1x/week recycle cart service
Option 2: Carts 1 x/week with 1 x/week recycle cart service
Option 3: Carts 2x/week with 1 x/week recycle cart service
Option 1 is our current service and was the significantly higher cost option being on average
approximately 21% higher than Option 2 and 12% higher than Option 3.
Based on the positive results of our citizen survey regarding moving to carts, the significant
repeated customer complaints with the current bag service due to birds and other animals tearing
open bags and spreading trash throughout neighborhoods, and the significant cost saving, the
recommendation is to move to cart service.
Additionally, the industry standard and current trend is for cart service once per week, with
the ability for residents to purchase low cost ($0.65/bag) 'pink tags'for additional garbage
that does not fit in the cart. With the 96-gallon carts fulfilling the needs of the vast majority
of households and the additional cost savings of a once per week pickup, the
recommendation is to move to once per week Municipal Solid Waste (MSW) service. Such
a change has the added benefit of reducing the wear and tear on our street network presented
by multiple trips per week by the heavy garbage trucks. Engineers equating the impact of traffic
on street degradation calculate that one garbage truck is equivalent to 9,646 passenger cars for
every trip.
In summary, the staff recommendation is to move forward with Option 2 — Carts 1x/week
for both solid waste and recyclables.
Alternate Service Options
Frontier Waste Solution proposed an alternate Every Other Week (EOW) pickup schedule for
recycling with an associated cost savings of approximately$420,000 annually. EOW recycling is
becoming more of an industry norm because the 96-gallon carts generally have capacity if picked
up EOW. This also further reduces the impact from the heavy garbage trucks on our streets.
Waste Management proposed an alternate to use the existing Recycle Carts instead of new carts
resulting in an associated cost savings of approximately $450,000/annually.
RFP Scoring
A team of seven individuals evaluated the submitted proposals. This included City of Pearland
staff from Public Works, including Environmental Services, Code Enforcement, Finance, including
Utility Billing, and City Management and the representative from SWS consultant. The team
provided a diverse perspective from each of the divisions that will have a relationship with the
contractor. Each evaluator was also unaware of the costs scoring during the review of the RFPs;
so, the proposals were evaluated based on the content in the proposal without the potential for
bias based on costs (the scoring criteria is in the attached July 7, 2020 memo).
After independent evaluation of the proposals, scores were tallied and then added with the scores
from the cost ratings. The evaluators were overall in agreement regarding their evaluation
of each contractor.Two of the proposals,WCA and Waste Connections,failed to meet minimum
requirements that were outlined in the RFP. They appeared "cut and paste" and failed to provide
specific details. In addition, each evaluator noted specific issues that resulted in these two
contractors scoring the lowest of the five proposers; significantly below the other three firms.
Specifically, both contractors required an unacceptable low percentage of contamination in a load
of recycling material well below our current levels and industry standard levels.
The remaining three proposals, FCC Environmental, Frontier Waste, and Waste Management,
provided very detailed and comprehensive proposals that included extensive information on their
operational and transition plans. As a result, the top three firms were invited for an interview on
September 30, 2020 and October 2, 2020. The initial scoring sheet prior to interviews with all
options priced and their impacts on the scores is attached.
Interviews
The three remaining candidates were provided a list of twelve (12) standard questions ahead of
the scheduled interview. This allowed them to provide a presentation to address questions and
make a final presentation regarding why they should be selected as the City's solid waste
provider. In addition, staff prepared a few questions specific to each contractor to address issues
noted in proposal.
The scoring was broken down as below:
Criteria Points
Pre-provided questions 30 pts
Contractor specific 20 pts
questions
Total Evaluation Scoring
The final evaluation scoring for the interviewed firms for the recommended Option 2 consisting of
the total points from the proposal evaluation, cost analysis, and the interviews is below:
Solid Waste Services RFP Evaluation Scoring
Frontier Waste Waste Management of
Firm Name Solutions FCC SA Texas
Option#2 Annual Pricing $9,850,284 $11,544,732 $11,704,644
Evaluation Criteria
Competitive Cost of Proposal Opt2
35 pts 33.61 28.67 28.28
Compliance,Clarity of Proposal-
Minimal Exceptions to RFP and to
Contract 5 pts 4.25 _ 4.79 4.14
Experience Providing Like-Services
to Like-Sized Cities 5 pts 2.29 3.96 4.64
Strength of Personnel at the Hauling
Division 5 pts 3.57 3.82 4.14
Operational Plan in Narrative Format
15 pts 12.36 13.71 13.43
Transition Plan to New Vendor and/or
Service Model 20 pts 17.14 17.68 18.57
Customer Service, Contract
Compliance Reporting,the use of
GPS &Support 10 pts 8.57 9.14 7.79
Financial Strength of Proposer
5 pts 3.00 4.00 3.00
Interview Scores 50 pts 45.43 44.43 35.71
Total Points 130.22 130.21 119.71
From a cost perspective, Frontier Waste Solutions provides a comparative cost of$9.85 million
per year. The next two providers interviewed were $11.54 million (FCC SA) and $11.70
million/year (Waste Management). The above costs are 'apples to apples'. There are some
variations such as WM has an option of reusing existing carts for which they place a value of
$455,000, but as they are not the recommended provider, that is not pursued.
The three firms had many similarities in their proposals. All contractors proposed to provide new
trucks and bins, technology (GPS, Video, etc.) on the trucks, require recycle contamination to be
25% or less, not using a landfill in the Pearland vicinity, and extensive outreach to our customers
regarding pending changes to carts or service provider.
FCC and FWS both propose establishing operational facilities (which are taxable and provide
employment) within the City of Pearland that would consist of their truck storage, fleet
maintenance, offices, and customer service. These facilities will be dedicated to the City contract,
would employ approximately 20-25 people with local hiring preferences. FCC and FWS also
proposed advanced technology, including live GPS tracking of trucks available to City Staff,
advanced reporting features, and City access to their issue tracking software.
Beyond these items, there were distinct differences that will be discussed in detail in the
recommendation below.
RFP Residential Cost Analysis
Below is a summary of all residential cost options by household per month including all fees and
taxes (what will be on customer's bills). Current costs are also shown for comparison purposes
only.
Solid Waste and Recycling Costs Per Houshold Per Month
Current Option 3 (2X/week solid
Option Cost Option 2 (recommended) Option 1 (current service) waste)
Company WM FWS FCC WM FWS FCC WM FWS FCC WM
Base Rate $ 17.20 $13.32 $16.32 $17.34 $16.69 $17.87 No Bid $15.88 $19.04 $19.69
15% Franchise included $ 2.00 $ 2.45 $ 2.60 $ 2.50 $ 2.68 $ 2.38 $ 2.86 $ 2.95
Admin Fee $ 1.00 $ - $ - $ - $ - $ - $ - $ - $ - $ -
Subtotal $ 18.20 $15.32 $18.77 $19.94 $19.19 $20.55 $18.26 $21.90 $22.64
Tax $ 1.50 $ 1.26 $ 1.55 $ 1.65 $ 1.58 $ 1.70 $ 1.51 $ 1.81 $ 1.87
Total $ 19.70 $16.58 $20.32 $21.59 $20.78 $22.25 No Bid $19.77 $23.70 $24.51
RFP Commercial Cost Analysis
Because of the multitude of container sizes available to commercial customers, an overall city-
wide cost, based on the bid items and quantities for existing customers, was developed. For the
base bid all customers will be provided new containers. The comparison for the three
companies is below:
Solid Waste Commercial Service Total Cost
Company FWS WM FCC
Monthly Cost $ 328,261 $ 340,859 $ 363,872
Annual Cost $ 3,939,132 $ 4,090,308 $ 4,366,464
With relatively minor differences in the cost, the cost of commercial service is not a significant
differentiator between the proposals.
Recommendation
The RFP review team recommends moving forward with Frontier Waste Solutions (FWS)
as the highest ranked firm providing the best value to the City of Pearland. FWS is a growing
Texas based municipal solid waste firm that presented the best combination of an operations and
transition plan, extensive reporting and tracking capabilities, local dedicated to Pearland
operations, local dedicated to Pearland customer service, and the lowest cost of the three firms
interviewed. While a newer company, FWS is owned and operated by several well-respected
industry veterans and it has a positive reputation with the cities they serve.
Operations and Transition Plan
FWS has proposed to locate their operations within the City of Pearland at one of three industrial
sites that are currently available. The facility would house their fleet, fleet maintenance,
operational personnel, and most importantly their customer service personnel. This operation will
be dedicated to serving our citizens with a local presence and employ approximately 20-25 people
with a preference for local hiring. These local customer service reps will know our service and
our community, enhancing their ability to respond to and handle issues with service. This is a key
component as we move forward because many issues that should be handled at the customer
service level with the existing provider must be elevated to our account representative by City
personnel for resolution. Currently, we share our customer service representatives with many
other cities. With the local operation the personal property (equipment and containers) will be
rendered locally for property taxes.
For transition planning, FWS represented that they previously made the switch from bag service
to cart service with our existing provider. They have a track record of developing transition
agreements with incumbent firms to ensure the switch out of dumpsters, roll-offs, and carts is
seamless for customers. For commercial service, they will make an on-site visit with each
customer to discuss the new service, rates, and the change out of the container. While their
transition plan spans approximately one-year with service starting October 1, 2021,they indicated
that an accelerated transition plan could be implemented in as short as 6 months. Reference
checks confirm these transitions have been successful.
Reporting and Tracking Capabilities
FWS has extensive reporting and tracking capabilities for both within and on the truck as well as
with customer service representatives. The software and databases used will be available for
City use to assist with customer service, tracking of accounts, and reporting of tonnage. We
currently wait 4-6 weeks to get tonnage reporting and do not have access to truck tracking or
issue tracking, nor the ability to validate customer database.
Capacity of FWS
While the experience of the personnel at FWS was extensive and impressive with a past track
record of establishing service and managing contracts in excess of our size for other firms, FWS
currently does not service a city our size. Their current largest customer is the City of Balch
Springs serving approximately 6,400 homes and a contract value of$3,000,000.This was an area
that the evaluation team spent much time reviewing and discussing with FWS and our consultant.
In the RFP, FWS demonstrated the financial wherewithal to meet the capital outlays and 100%
performance bond capacity required for our contract. This includes an initial capital investment
of more than $10,000,000 for new collection vehicles, carts, and containers. FWS also provided
commitments from their suppliers to meet the required quantity and schedule for vehicles, carts,
and containers.While Pearland will be a much larger contract,they do have a significant presence
in Texas with over 125,000 residential customers and over 5,200 commercial/industrial
customers, which includes Houston area backup capacity having 38,000 residential customers in
the Houston Metro Area.
While the City of Pearland would be their largest single client, FWS stated we would only be
approximately 15% of their total revenues at contract commencement, if approved. Further, the
executive and management team at FWS has extensive experience managing solid waste
contract for similar sized, and larger, cities. We are confident that due to the significance of our
contract relative to their existing customers they will dedicate significant resources to ensure the
success of this relationship. Additionally, we will have direct access to company ownership as
part of the team that will manage our account.
Alternate Pricing for Every Other Week (EOW) Recycling
FWS provided an alternate bid item to go to EOW Recycling which will reduce the annual cost by
approximately $420,000, which is an additional reduction of $1.00 per residential customer per
month. While the industry is trending towards EOW for recycling and it has been proven to be
effective and not reduce overall recycling tonnage, staff considered that we are already
recommending two significant changes with carts and once per week solid waste collection.
Therefore, the cost savings for EOW recycling is being acknowledged but is not part of the staff
recommendation.
Contract Terms
The City provided a template contract as part of the process. The consultant recommended this
as a way to be clear at the outset and not get into protracted language discussions with attorneys.
Substantial acceptance of that contract was a part of the evaluation process.
Length of Contract
The base pricing in the RFP was for a 5-year contract with the possibility of one 5-year extension.
An alternate bid items was requested for a reduction in cost for a 7-year plus 3-year extension
option. Of the three firms only FCC provided a small 1% cost reduction for the 7/3 contract format.
Therefore, the recommendation is to move forward with the 5-year contract.
Modification of Rates
As with any multi-year contract, the new contract includes price modification clauses. The base
rates will be annually adjusted by the same percentage as the Consumer Price Index for All Urban
Consumers (published by the United States Bureau of Labor Statistics, Consumer Price Index,
U.S. City Average, All Urban Consumers, Garbage and Trash Collection, Not Seasonally
Adjusted. Base Period December 1983=100) shall have increased during the preceding twelve
months.
Additionally, the contractor can petition the City at any time for additional payment rate
adjustments on the basis of certain unusual and unanticipated changes in the cost of operations.
Like our existing contract those cost must be documented and if not approved by the City, the
Contractor can terminate the contract with a 180-day notice to the City (FWS has indicated they
will accept extending this to 270 days).
There is not a fuel surcharge clause in this contract.
Liquidated Damages
Unlike our existing contract, the new contract includes a Liquidated Damages clause as another
means of ensuring service that meets or exceeds the contractual obligations. Liquidated
damages in various amount can be assessed for the following: missed collections, starting too
early in the morning, failure to maintain vehicles or clean up spills, failure to address complaints
within one day, failure to submit accurate reports, failure to return carts to original collection
location, failure to leave public education notice when material is not collected due to
inappropriate preparation, and failure to be prepared to start service on the commencement date.
Next Steps
• Council discussion to confirm the Franchise Fee and decide on a Service Option at the
October 12, 2020 Council meeting.
• Staff will make recommendation for solid waste contractor based on best overall value for
the City of Pearland; contractor will be notified by week of October 21, 2020.
• Council award of new contract for solid waste services October 28, 2020.
Exhibits
• A—Solid Waste Services Evaluation Scoring Recap
• B —SWS Recommendation Letter
• C—July 7, 2020 Thursday Packet Memo
Exhibit A
0320-29 Solid Waste Services Evaluation-Scoring Recap
i FCC SA Frontier Waste Solutions Waste Connections Waste Ma •ement of Taxas WCA,Waste Corporation of Texas,LP
Option#1 Annual Pricing 612,077,652.00 $11,190,912.00
O tion#2 Annual Pricing $11,544,732.00 $9,850,284.' 50.00 $$9,458,136.00
P 10,731,900.00
Option#3 Annual Pricing 512,603,360.00 510,881,420.00 .. $10,731,900.00
Option#2 Reusing Recyle Carts 35
Stt 2 v 328.00
Option#2 WiEvery Other Wk Recycle -
35•te 59 339 180.00 ,
Competitive Cost of Proposal Optl 35
pts _ 32.43 35.00 22.09 0.00 30.57
Competitive Cost of Proposal Opt2 35
pts 28.67 I 33.61 30.82 28.28 35.00
Competitive Cost of Proposal Opt3 35
pis 29.80 34.52 30.37 29.70 35.00
Competitive Cost of Proposal Opt2 W/
Reusine Existing Containers 29.42
CompesWe Cost or Proposal Upr2 -
W/Every Other Week Recycle 35.00
Compliance.Clarity o1 Proposal-
Minimal Exceptions to RFP and to
Contract 5 pts 4.79 4.25 3.07 4.14 3.21
Experience Providing Like-Services to
Like-Sized Cities
5 pis 3.96 2.29 2.50 4.64 2.64
Strength of Personnel at the Hating
Division
5 pts 3.82 3.57 3.14 4.14 3.14
Operational Plan in Narrative Format
15 pts 13.71 12.36 8.93 13.43 8.57
Transition Plan to New Vendor and/or
Service Model
20 pts 17.68 17.14 9.71 18.57 10.50
Compliance Reporting,the use of GPS
&Support 10 pis 9.14 8.57 6.43 7.79 3.07
Financial Strength of Proposer
5 pts 4.00 3.00 4.00 3.00 3.00
Option#1 Total Points-bags
(current) 89.54 86.18 59.87 55.71 64.72 •
Option#2 Total Points-cart,1 per
week 85,78 84.79 68.81 84.00 ' 69.14
Option#3 Total Points-cart,2 per
week 86.91 85.70 __ 68.15 85.41 69.14
Option#2 Total Points-cart,1 per
week WIWM Using Existing Carts . 85.13
Option#2 Total Points-cart,1 per
week W/WM Using Existing Cart 86.18
INTERVIEW SCORES 44.43 45.43 35.71
ADDITIONAL ITEMS FOR
CONSIDERATION
Acceptable%of Contamination In Load
Of Recycling Materials 25% 25% 10% 25% 12%
%Rate Reduction 8 7 year term w 3
year extension option 1.43% 0.4% 1%
Every other week recycle option 62.50 per month vs.$3.50 per month
Notes: international company with mtlttple like size cities Largest reference was 6400 homes.Looks like they take the closest like city has 24,000 households,all others were existing incumbent;good relationsltip with City Operational plan was not detailed;no route plans;no
throughout the US,only 1 comparable city in TX.Has a pride in customer service with good supporting tracking less;No detailed transition plan provided.SpiMeak representative,responds quickly and satisfactorily to issues environmental spit response details.apparently proprietary;
e
recycling facility in Houston;would utilize WM landfills, software.Description&detailed transition plan;Trash Flow response was insufficient Commercial service start time but too often have to go through account rep for customer operational plan lacked clarity between residential service
would contract for HHW collection.Has a good employee cameras&GPS;concern with low number of hauling too early at 2:00am.Missed pickups called after 2:00 service issues to get resolved.There would be little and commercial service regarding distribution of
training program.Detailed operational and transition plan. personnel.Provided a good operational plan with route would not be handled until following day.Acceptable transition concerns.Have their own landfill and municipal carts/dumesters;has own landfill,but has had 4 TCEO
Provided commitment statements from vendors purchasing mapping.Included an option for recycling pickup once recycling contamination was too small(10%). recycling facility.GPS technology in trucks.Detailed related issues in last 5 years;provided information on only
carts and trucks.Had good customer service time of every other week with cost decrease.Good customer operational and transitional plans.Did not provide cost for 1 other City they service;transition plan only includes major
operations.Will accept contract as is. service hours.Concern regarding being able to handle City existing service,but provided additional cost option of milestones-not much dell.No GPS,app or technology
of Peadard size.Will accept contract as s;minor keeping existing recycling carts.Also included use of CNG mentioned in the bid.Acceptable recycling contamination
exception to limit no charge rol-off hauls at community vehicles,though not requested.Extensive markup to was too small(12%).
events. proposed contract listed as exceptions to the RFP.Cust
Service our of Lewisville Tx,no dedicated reps.Reporting
take 4-6 weeks and no provision to provide City personnel
access to issues tracking,GPS,or reporting technology.
Exhibit B
705 Unity Drive
Leander,Texas 78641
469 667 2940
www.swsllc.us
October 7, 2020
Mr.Trent Epperson
Deputy City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Mr. Epperson,
The following recommendation from Solid Waste Specialists is based on an exhaustive review of the proposals
submitted for the recent solid waste and recycling procurement,as well as the oral presentations of the finalists
selected for an interview.
SelectinR the firm
Before the in-person interviews were recently conducted,the three selected firms were provided questions
designed to guide their presentation so that the audience could be assured of their understanding of how they
would provide service The Pearland Way.
Each of the firms demonstrated the capacity to provide efficient solid waste services at competitive rates,but
Frontier Waste offered more components important to the City:
1) Their new hauling division for this contract will be located in a properly-zoned facility within the
City limits of Pearland with their Customer Service representatives located in that building.
2) The database and tracking program they currently use can be customized to the City's needs so
that periodic auditing of residential collection activity can be performed to compare to the City's
billing.
3) Reports can be made available daily,weekly,or monthly with the City granted access to the GPS
system tracking the vehicles.
4) They have designated seasoned service veterans at all levels of Management to ensure that the
transition will go smoothly and the service will be rendered as the system is designed.
Frontier is a privately-owned company that has secured the financial backing necessary to purchase the vehicles,
carts,and containers required for this contract.The owners have personally implemented numerous Texas
contracts as large as Pearland in their individual experience before forming Frontier. They have several current
municipal contracts(though with smaller house counts than the City) in Texas providing for back-up of manpower
and equipment as needed.
Exhibit B
The other firms interviewed demonstrated that they also could provide some, but not all,of these service
components.
FCC,a large international firm that has established contracts in Florida and Nebraska, has only one collection
contract in north Texas serving 18,000 homes.While the company provides recycling processing services for the
City of Houston,they do not perform the collection of these materials.
The disadvantages reflected within their written and oral presentations were:
1) Inability to satisfy concerns about back-up vehicles and manpower.Though providing services
for Houston,the vehicles and drivers that provide that type of service would not be back-ups for
an emergency need in the City.
2) Their contract in north Texas is too distant to provide rapid drivers and/or vehicles in times of
emergency.
3) Employees appear to lack the experience normally associated with a start-up of this size.
Waste Management certainly has the financial and operational capability to continue to provide service to the
City.Though their rates were a bit higher than the other two firms interviewed,the prices were within competitive
limits.Over the many years of service to Pearland,they have generally provided satisfactory collection service.
However,since consolidating local call-centers,that aspect of service has fallen short on a consistent basis.
The disadvantages reflected within the written and oral presentation were:
1) The inability to localize Customer Service employees at the facility that services the City.They
explained that their call center is located in north Texas, cannot be relocated more locally,and
WM cannot establish one or more designated employees of that call center to always respond to
Pearland's needs
2) The inability to provide a residential customer database that could be used to audit the
residential billing provided by the City.
3) The inability to promptly provide basic reports customized to meet the City's needs—reports are
delayed and fail to provide the requested information on a regular basis.
Based on this review,it is the recommendation of Solid Waste Specialists to select Frontier Waste to negotiate a
contract.
Exhibit B
Selecting the Collection System
The once per week collection of MSW in 95-gallon carts started in Houston in 1984.Over these three decades,the
"bugs"in the system have been worked out,and education for implementation has been successfully developed.
Unlike the current method of bag collection,with its own set of problems(significantly the birds and other animals
breaking into the bags),the overall appearance of the City will be improved by the consistent appearance of the
carts on collection days.
The residents will enjoy a much easier one-time trip to the curb using a container that only needs to be tipped to
roll it.Since the cart can easily handle 275 pounds of debris,even those that"doubt"will have to admit that lifting
that kind of weight and volume to the curb is much more physically difficult,and certainly will not be done in one
trip.
The system is safer for everyone that participates in it—the resident by less lifting,the vendor by not lifting and
handling the MSW before it is emptied into the vehicle for transport.
The bird problem will disappear with the advent of a closed lid that can't be opened by animals.Littering from
scattered debris will become a thing of the past.
The once-per-week design of the program will reduce wear and tear on the City streets.
Because we are aware of some of the restrictions of containerized residential collection,the auxiliary parts of this
system were designed to eliminate problems such as brush and bulky item collection, periodic overflows, and
possible exceptions to the norm.
The use of the"Pink Tag"will allow those with infrequent additional waste to have it collected for a minimum
extra charge.For very large families,the ability to secure an additional cart is made available. Lastly,a"catch-all"
will be offered to those residents that simply have too much debris for a one-time Unusual Accumulation pickup
for a reasonable fee.
In short,every possibility that could occur in a normal Pearland residence has been considered with a
corresponding service response.
Based on the positives of this collection method,it is the recommendation of Solid Waste Specialists to select
Option 2,collection one time per week utilizing 95-gallon carts,with the continued collection of recyclables in a
95-gallon cart.
,Resp�if
R. L. (Lynn Lantrip
Principal
Solid Waste Specialists,llc.
9 July 2020 Exhibit
To: Mayor and City
Council members
Update and outline of RFP, included lengthy
document,for solid waste collection and disposal
ioE ' services. Clay
4 . Memo
�r To: Clay Pearson, City M:nager
r s xlw s
4sr• 1e* From: Laurie Rodriguez, E, vironmental Services Superintendent
CC: Jon Branson, Depu y City Manager
Trent Epperson, A•sistant City Manager
Clarence Wittwer, Director of Public Works
David Van Riper, ssistant Director of Public Works
Eric Hammond, A.sistant Director of Public Works
Date: July 7, 2020
Re: Solid Waste Contract Update #4
The purpose of this memorandum is to provide an update on the planning for the upcoming
Request for Proposal (RFP) for the City's Solid Waste services contract, which is due to expire
September 30, 2021. On January 19, 2019 City Council concurred with a staff recommendation
to proceed with preparation of a Request for Proposal (RFP) for solid waste collection services,
rather than renew with the current vendor (Waste Management).
Background
The existing contract with Waste Management was originally initiated in 1994. The contract was
renewed in 1996, 2001, 2006, 2011, with an amendment to add recycling carts in 2013, and last
renewal in 2016. The contract has not been put out for proposals through this time period. Based
on the January 2019 decision, the solid waste contract will go out for bids in lieu of an additional
five (5) year renewal with Waste Management (WM). Solid Waste Specialists (SWS) consultant
was hired in November 2019 to guide and assist staff with the preparation of the solid waste RFP
process. During this time a solid waste survey was complete and reviewed, plus numerous
discussions, reviews, and edits of the RFP have taken place. As well, previous memo and white
paper updates have been completed (attached),which prompted additional discussions and edits
of the RFP. At the time of drafting the RFP, it is estimated there are 35,188 residential units
receiving solid waste service in the City of Pearland, with an estimated additional 2,000 to 2,700
new homes to be added over the next contract term. The contract is complex and large scale with
significant financial impact and ongoing interaction with Pearland residents and businesses for
service delivery.
Role & Relationship with Keep Pearland Beautiful (KPB)
The City's Solid Waste contract and contract with KPB are interrelated to provide our citizens with
multiple options for recycling and the disposal of household hazardous waste (HHW).
Until October 2015 the City operated the Stella Roberts Recycle Center (SRRC). In October
2015, the City entered into a lease agreement with KPB to operate the SRRC. After initial
operational payments, the lease now requires the City to pay KPB 14% of all franchise fees paid
111
X
y WM and to allocate $5,000 per month to KPB for the promotion of recycling activities and
environmental education that is paid by WM. The lease agreement expires September 30, 2021.
In the City's contract with WM, WM provides HHW curbside collection plus pick-up at the SRRC
for Pearland residents at no cost in exchange for exclusive rights to certain recyclables collected
at the SRRC (more details below).
KPB provides valuable beautification and environmental services to our community by operating
the recycle center, promoting recycling and the proper disposal of HHW, hosting community
events, and operating the `Adopt-a-Spot' program. While the new solid waste contract will
potentially drive recommended changes to our contract and relationship with KPB, they are an
important part of the overall program to educate, promote, and execute the proper disposal of
recyclables and HHW for Pearland.
RFP Development
Council Input
While the RFP was being developed, staff sought Council input during the February 24, 2020
Early Budget Council meeting. The following has been included in the RFP based on Council
input:
- Request a base cost for the same existing service
- For cart options, request costs for twice a week pickup in addition to standard one per
week cart pickup
- Five-year contract with a five-year renewal term and an alternative seven plus three cost
- Combining weekly green waste with solid waste collection in lieu of a separate truck
specifically for green waste
- Desire to provide clarity on how KPB is funded.
Evaluation of Household Hazardous Waste Options
Staff evaluated the services Stella Roberts Recycling Center/Keep Pearland Beautiful
(SRRC/KPB) receives under the existing contract and its relationship to collection of HHW. The
SRRC receives recyclables and household hazardous waste (HHW) from Pearland residents,
Brazoria County residents, and residents from surrounding counties. Per the current solid waste
contract, WM provides curbside HHW collection for Pearland residents and HHW collection from
the SRRC at no costs in exchange for exclusive rights to the City's recyclables, such as paper,
plastic, cardboard, and aluminum. WM invoices KPB for the HHW collected from non-residents
of Pearland. KPB retains the recycling revenues for batteries, white goods, propane tanks, oil,
latex paints, antifreeze, metal, and ink and toner cartridges. To pay for the non-Pearland
residents, KPB charges $1.00 per pound for HHW to those outside of the City of Pearland and
outside of Brazoria County, plus has a reimbursement agreement with Brazoria County for non-
Pearland residents within Brazoria County. Additionally, KPB provides at your door pickup
services for white goods ($25.00 for 1st appliance, $10.00 each additional appliance, which
includes removal of refrigerants) and may consider expanding the capability to also collect HHW
from Pearland residents. The white goods can also be dropped at the SRRC at no cost for
residents. When WM collects white goods on bulk waste days the resident is responsible for
removal of refrigerants.
The average curbside cart recycling collected by Waste Management is 1,430,000 pounds per
month from residential households, compared to an average 31,520 pounds per month collected
111.1.111111
X
from the SRRC. In contrast, an average of 1,570 pounds per month of HHW is collected from
residential curbside from an average of 27 households monthly compared to an average 9,200
pounds per month collected from the SRRC. Because the SRRC is used for HHW more the five
times WM's curbside pickup, the RFP includes a cost for residential HHW curbside collection and
a separate line item for HHW collected from the SRRC. This will allow the City to consider
discontinuing the minimally used At Your Door service for HHW and directing all HHW to
the SRRC for collection.
Current Contract— Base option
The first option in the RFP will match our current service. The current contract for solid waste
services includes:
- Curbside residential solid waste collection—service provided twice a week, bags only; no
trash cans/bins are permitted.
- Curbside residential recycling collection —service provided once a week; a 96-gallon cart
has been provided and is maintained by Waste Management.
- Curbside residential green waste collection — service provided once a week, curbside,
clear bags only and branches bundled; green waste not appropriately bagged or bundled
will not be serviced.
- Curbside residential bulk waste collection — service provided on the second solid waste
collection day of the week.
- Curbside residential hazardous waste collection—At your Door service provided; residents
call Waste Management and schedule a pick-up date.
- Residential construction and demolition debris collection
- Commercial dumpster collection, and small commercial bag collection
- Permanent roll-off collection
- Temporary roll-off collection
- City service at no charge—37 dumpsters and 10 recycling bins at City facilities; 9 City and
Parks Events, which includes Port-o-lets, hand-washing stations, and trash service
- Collection services of recyclables and household hazardous waste from the Stella Roberts
Recycling Center.
RFP
The dynamic growth of the City and its residential needs have prompted changes to the City's
solid waste contractual services, such as the impact and use of the Stella Roberts Recycling
Center and the appeal for carts for weekly trash due to numerous residents upset with animals or
vultures ripping trash bags. As well, the need to maintain the City's fiscal responsibility goals to
not burden residents with a major cost increase in trash services were considered when
developing the RFP. SWS, with Staff's input, has made the following considerations in the RFP:
- The RFP is drafted to include three (3) options, with the first option being a proposal for
the same exact services under the current contract; the second option replaces
twice/week trash bag collection for once/week 95-gallon cart service; and the third option
replaces twice/week trash bag collection for twice/week 95-gallon cart service. There is
an additional add-on option for a 65-gallon cart in lieu of the 95-gallon cart.
- All options include curbside combined brush and bulk waste and include curbside
recycling service once/week, with an additional add-on option for separate curbside brush
collection.
- All options include small commercial considerations respectively for bag collection versus
carts once and twice per week collections.
- The RFP is termed for five (5) years, with one (1) —five (5) year extension.
- The RFP has additional options for separate add-on costs, which includes:
o An added option for overall rate percent reduction adjustment for a seven (7) year
term, with one (1) - three (3) year extension;
o An added option to indicate the overall percentage of change to rates up or down
should the City opt to have MSW diverted to a landfill other than Blue Ridge
Landfill.
o Curbside collection of HHW
o Collection of HHW from the SRRC
o And, an option for the addition from the proposer to propose a higher level of
service or innovative collection methods that will benefit residents through
increased service or reduced costs.
There has been much collaboration between City Management, staff, and SWS consultant in
completing the RFP to ensure the proposals will allow the City to select options to provide the
best value for solid waste services for Pearland residents. SWS has also provided a contract,
which has been reviewed by the City Attorney and will be released along with the RFP. The
contract leaves option items open,to be added once the proposals are reviewed and then decided
upon by the City.
RFP Evaluation Factors
In addition to the level of services that will be provided in the new contract, it is essential that the
transition from the current provider(should this occur) and current service levels be as smooth as
possible to the successful Proposer and the new service levels. With a large and diverse
community, it is nearly impossible to have 100% of the City residents in agreement with changes
that may occur in the solid waste contract and that may impact residential solid waste service.
Hence, there will be strong consideration for the transition plan submitted during the review
process. The RFP proposers, including existing provider, will have to provide a transition plan that
describes in detail several factors, such as a detailed schedule for the transition, the proposed
approach of transition, the person/team that will oversee the transition, and the proposed
communication strategies.
Other factors for consideration in the RFP, are routine contract qualifications such as monthly and
annual reporting requirements, customer service and complaint resolution, liquidated damages,
insurance, experience and fleet.
The specific evaluation factors are below:
X. •
Criteria Percent
of Total
Compliance, Clarity of Proposal — Minimal Exceptions to RFP and to Contract 5%
Experience Providing Like-Services to Like-Sized Cities 5%
Strength of Personnel at the Hauling Division (Drivers & Supervisors) 5%
Operational Plan in Narrative Format 15%
Transition Plan to New Vendor and/or Service Model 20%
Customer Service, Contract Compliance Reporting, the use of GPS & Support 10%
Financial Strength of Proposer 5%
Competitive Cost of Proposal
Important Note regarding Cost of Proposal: The City wishes to maintain a
balance between rates charged to Commercial/Industrial customers relative to the
rates charged for Residential accounts. The current structure represents such a
balance. The overall (extended) rates for all services will compared for scoring this 35%
section. A pricing imbalance for any service line of the overall contract cost will
negatively impact the proposer's pricing score.
Next Steps
- Finalize the draft RFP (attached)
- An updated schedule has been provided (attached), with the release of the RFP to be July
15, 2020.
- A mandatory pre-proposal meeting will be required for potential bidders.
- Proposal will be due August 27, 2020. After staff evaluation, the options and
recommendations will be presented and discussed with City Council prior to finalizing
contract negotiations.
- Award Contract Estimated to be October 2020
- Implement transition plan
Exhibit C
REQUEST FOR PROPOSAL
Solid Waste Services
for
City of Pearland
of PE94.
T E X AS
els
es r. S 9
RFP#0320-29
DUE DATE: 8/27/2020 11:59 a.m. CST
CITY OF PEARLAND,TEXAS
3523 Liberty Drive
Pearland, TX 77581
(281) 652-1668
https://pearland.ionwave.net
Exhibit C
Request for Proposals Solid Waste Services
RFP # 0320-29
For the Service Period October 1, 2021, through September 30, 2026
Mandatory Pre-Proposal Meeting July 27, 2020
11 :00AM
City of Pearland, Texas — City Hall, 3519 Liberty Drive, Pearland,
Texas 77581
Proposal Due Date August 27, 2020
11:59 AM
Page 1 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
TABLE OF CONTENTS
A. NOTICE TO PROPOSERS 6
Delivery of Proposals 6
Mandatory Pre-proposal Conference 6
Right to Reject 6
Open Records Act 6
Proposer Contact with the City 7
Information Contained in the RFP 7
Proposal Content as Basis for Contract 7
Information Contained in the RFP 7
Proposal Content as Basis for Contract 7
Schedule or Other Addendums to the RFP 7
B. SCHEDULE OF ACTIVITIES 8
C. IMPORTANT INFORMATION TO PROPOSERS 9
Invitation for Proposals 9
Required Format of Proposal 10
Proposal Cover Sheet and Acknowledgement of Addendum(s) 11
Declaration 12
Proposal Bond 13
Agreement Cancellation 14
D. OVERVIEW 14
Contract Term 14
Conditions 14
Disclaimer 15
Discovery 16
Contractor Responsibilities 16
Background Information 18
Definitions 19
E. EVALUATION AND AWARD CRITERIA 24
City Council Award 24
Criteria for Evaluating Proposals 24
Scoring of Proposals 24
Page 2 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
F. SCOPE AND SERVICE SPECIFICATIONS 25
Description of Services 25
Residential Solid Waste Collection 25
Recycling Collection 26
Household Hazardous Waste Collection 28
Residential Bulk Collection 28
Residential Unusual Accumulations Collection 28
Optional Residential Green Waste Collection 28
Alternatives to the required specifications 28
OSHA,Health and Environmental Laws 29
Exclusive Collection Area 29
Cart Placement for Collection 29
Special Needs Cart Placement for Collection 29
Resident Landfill Access 29
Holiday Collections 30
Small Businesses Garbage Collection 30
Front End Loader Container Collection 30
Roll-Off Container for Construction Debris,Remodeling 31
Stationary Compactor Units 31
Education Campaign 31
City Events and Facilities and Special Events 31
G. COLLECTION EQUIPMENT 32
Vehicle Specifications 33
Vehicle Maintenance and Inventory 33
Supplying Garbage and Recycling Carts 33
Supplying Detachable Containers for Collection 34
Detachable Container for Construction And Remodeling 34
Detachable Container Standards 34
Detachable Container Installation and Maintenance 34
Detachable Containers Repair or Replacement 35
H. TRANSITION PLAN 35
I. COMMUNICATION AND MEETINGS 36
Point of Contact 36
Page 3 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Contractor's Office 36
Customer Service and Complaint Resolution 36
Meetings 36
Newsworthy and Emergency Notifications 37
Customer Notifications 37
J. REPORTING 37
Monthly Reports 37
Annual Reports 38
K. COMPENSATION 39
Payments to Contractor 39
Commercial Customer Billing 39
Liquidated Damages 40
Summary of Liquidated Damages 40
Modification of Rates 41
Regulatory Rate Adjustment 41
Defense of Suits 42
Indemnity and Release 42
Performance Bond 42
L. TABS 43
Proposal Tab 1 -Past Performance and Experience of Contractor 44
Proposal Tab 2—Financial Qualifications 45
Proposal Tab 3 -Facilities 46
Proposal Form 3-A-Certification of Recycling Facility 47
Proposal Form 3-B-Certification of Disposal Facility 48
Proposal Tab 4-Experience of Personnel 49
Proposal Tab 5—Equipment 51
Proposal Tab 6-Operational Plan 53
Proposal Tab 7—Transition Plan 54
Proposal Tab 8—Rates for Services 55
Additional Items 59
Proposal Tab 9—Alternate Proposal 60
Proposal Tab 10—Exceptions to Contract 61
N. APPENDICES 62
Page 4 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
APPENDIX A. City Facilities and Special Events 63
APPENDIX B.Tonnage Reports 65
APPENDIX C.Performance Bond Form 66
APPENDIX D. 95 Gallon Container Specifications 67
APPENDIX E. Current Commercial and Roll-Off Collection Matrices 68
Page 5 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
A.NOTICE TO PROPOSERS
Sealed proposals will be received by the City of Pearland, Texas ("the City"), at the City's Electronic
website address https://pearland.ionwave.net until 11:59 a.m. CST on August 27,2020, at which time the
names of the proposers will be read aloud for the Solid Waste Services RFP#0320-29.
All Proposals must be prepared and signed by the proposer in the form attached hereto. THESE
INSTRUCTIONS MUST BE INCLUDED IN THEIR ENTIRETY WITH EACH PAGE
INITIALED BY THE PROPOSER. All blank spaces in each Proposal Form together with appropriate
schedules must be completed in full in ink or typewritten.
DELIVERY OF PROPOSALS
Any proposal received after the stated closing time will be deemed nonresponsive. No results will be
made available when proposals are submitted to the City.
The proposal will be submitted via the City of Pearland's Electronic Bidding website at
https://pearland.ionwave.n et
There is no City Contact noted; all communication with the City regarding the RFP are to be
communicated through the City of Pearland's Electronic Bidding System. This process will be discussed
in detail during the Pre-Proposal Conference.
MANDATORY PRE-PROPOSAL CONFERENCE
A mandatory pre-proposal conference has been scheduled for 11:00 a.m. CST,July 27, 2020, at the City
Hall, 3519 Liberty Drive, Pearland, Texas 77581. All vendors desiring to be considered for
contracting with the City for this service must attend the pre-proposal conference. Any vendor
failing to attend the pre-proposal conference will be disqualified from consideration.
RIGHT TO REJECT
Until the final award by the City, the City reserves the right to reject any and/or all proposals,to waive
technicalities,and to proceed otherwise when the best interests of the City will be realized. Costs incurred
in the preparation of a proposal are the sole responsibility of the proposer.
OPEN RECORDS ACT
The City is subject to the Texas Open Records Act ("the Act"), a state law that may require the City to
make the information provided in response to this Request for Proposal available to the public upon
request following the award. If a proposer submits information to the City in response to this RFP that
the proposer believes to constitute a proprietary trade secret or other confidential information, the
proposer must clearly identify such information within the proposal as "confidential." In the event the
City receives a request for disclosure of information in any proposal that has been identified by the
proposer as confidential or a proprietary trade secret,the City will notify the proposer in accordance with
the provisions of the Act; however, it shall be the sole responsibility of the proposer, at the proposer's
sole cost, to comply with the Act's provisions relating to submission of a request to the Texas Attorney
General for an opinion regarding the exemption from disclosure of such information to the public
pursuant to the Act.
Page 6 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
PROPOSER CONTACT WITH THE CITY
To ensure an objective, orderly award process that provides all potential proposers an equal opportunity
to compete for and win city business, the following requirements will be enforced during the proposal
process:
All questions shall be communicated to the City via email to: ebids@pearlandtx.gov.
Replies to all information pertinent requests will be sent in the form of an addendum to all who attend the
mandatory pre-proposal conference.No direct contact with or lobbying of city management, members of
the RFP evaluation committee or the Pearland City Council will be permitted during the RFP process
after the RFP is released to the public.
No gifts,lunches or other gratuities will be accepted by the City during the RFP process.
Vendors not complying with the above requirements will be disqualified from consideration.
INFORMATION CONTAINED IN THE RFP
The information set forth in this Request for Proposal (RFP) and in all appendices attached hereto has
been presented solely to assist interested proposers in making their own evaluation of the resources
required to provide residential solid waste services to the City's residents and is not intended to be all-
inclusive or to contain all of the information that a prospective proposer may desire.. The proposer is
solely responsible for making all necessary investigations and evaluations of information, which will or
could affect their performance including the costs of providing the requested services.
PROPOSAL CONTENT AS BASIS FOR CONTRACT
The information contained in the selected proposal will be used as the basis for the resulting contractual
agreements. However, no contractual agreement shall exist between the successful proposer and the City
unless and until an agreement has been fully set forth in writing and signed by authorized representatives
of the parties thereto.
SCHEDULE OR OTHER ADDENDUMS TO THE RFP
Schedule changes or other addenda to the RFP will be provided by the electronic bidding system to all
individuals attending the mandatory pre-proposal conference.
Page 7 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
B. SCHEDULE OF ACTIVITIES
July 15,2020 RFP Released to Proposers
July 27,2020, 11:00 a.m. Mandatory Pre-proposal Conference Held
August 3,2020,4:00 p.m. Deadline for questions prior to proposal due date
August 27,2020, 11:59 p.m. Sealed proposals due via pearland.ionwave.net
September 14 to September 16,2020 Finalist interviews held
September 22,2020 Decision Made with Recommendation
October 12,2020 Council awards Contract to winning proposer
October 19 to October 23,2020 Contract Negotiations
April 1,2021 Educate Customer Base to Changes Begins
October 1,2021 New Contract Service Period begins
Page 8 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
C.IMPORTANT INFORMATION TO PROPOSERS
INVITATION FOR PROPOSAL
The City of Pearland invites sealed Proposals for:
1)Residential solid waste collection
2)Residential recycling collection
3)Household hazardous waste collection at one location
4)Residential bulk collection
5)Residential unusual accumulation collection
6)Commercial dumpster collection
7)Permanent roll-off collection(open-top and compactors)
8)Temporary roll-off collection
The City estimates approximately 35,188 total residential units are located within the City and will be
receiving the foregoing services. Population growth estimates are an additional 2,000 to 2,700 new
homes over the term of the next collection contract.
There are approximately 640 FEL containers serviced from one to six days per week and an anticipated
quantity of 78 roll-off hauls per month (estimates are based on information provided by the incumbent).
There are approximately 108 small commercial accounts. There are approximately thirty nine (39) City
Facilities to be serviced at no charge. The proposed scope of work is described in detail in this Request
for Proposals.
Proposers should read the following instructions and follow them closely.Failure to do so may
result in a Proposal's disqualification
A Proposer who submits a Proposal does so without recourse against the City, its staff or Contractors for
either rejection by the City or failure to execute an agreement with such Proposer.
The City reserves all rights in accordance with the requirement of the laws of the State of Texas and the
City's Code of Ordinances,without qualification,including,but not limited to the following:
Selection of any Proposal
Waiver of any formality,technicality,or irregularity in Proposals received
Rejection of any Proposals which are not legible,not complete,or contain irregularities
Rejection of any Proposals not received on or before the due date and time specified.
Seeking clarification from Proposers concerning Proposals
In order for a Proposal to be considered eligible,the Proposal must be:
1. Properly and fully completed;
2. Signed on all pages where signatures/initials are requested by an authorized contracting agent of
the proposed with each page of the RFP documents initialed.
3. Scanned as PDF file and filed with the City of Pearland through the'City's Electronic Bidding
System no later than 11:59 AM CST on August 27,2020.
Page 9 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
REQUIRED FORMAT OF PROPOSAL
•The Proposal must contain ALL the required paperwork.
•ALL forms must be completed in their entirety and ALL questions must be answered directly on
the form and/or expanded onto additional pages when necessary. References to proposer's
brochures,flyers,or websites will not be accepted as an answer.
•Refer to the checklist that follows to assist in the submission.
Proposals must be organized and submitted intact with all the information in tabbed and
appropriately labeled sections in the following order:
Each Proposal shall contain the following:
1.Proposal Cover Sheet/Acknowledgement of Addendum(s)signed/sealed by the authorized
Contractor/Proposer
2.Any Applicable Declarations
3.Proposal Bond
4.Non-Collusion Affidavit,Conflict of Interest Questionnaire, Certificate of Authority,and House
Bill 89 Verification
5. Power of Attorney(if necessary)
6.Proposal Tab 1 Past Performance and Experience of Contractor in Texas
7.Proposal Tab 2 Financial Qualifications
8.Proposal Tab 3 Facilities(includes Forms 3-A and 3-B)
9.Proposal Tab 4 Experience of Personnel
10.Proposal Tab 5 Equipment
11.Proposal Tab 6 Operational Plan in Detailed Narrative Format
12.Proposal Tab 7 Transition Plan in Detailed Narrative Format
13.Proposal Tab 8 Rates for Services
14.Proposal Tab 9 Proposed Alternatives
15.Proposal Tab 10 Exceptions or Modifications to the Contract
Page 10 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
DECLARATION
The undersigned, as Proposer, declares that the only persons/entities interested in this Proposal are those
named herein, that no other person/entity has any interest in this Proposal or in the Contract for services
to which this Proposal pertains, that this Proposal is made without connection or arrangement with any
other person/entity and that this Proposal is in every aspect fair, in good faith, and without collusion or
fraud.
The Proposer further declares that it has complied in every respect with all requirements of this RFP, that
the Proposer has read all appendices and has satisfied itself fully relative to all matters and conditions
with respect to the services to which the Proposal pertains.
The Proposer states that this Proposal is based on the Request for Proposal documents and appendices,
and draft Contract.
Firm/Corporation
Address
Name
Signature
Title
Date
Page 12 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
PROPOSAL COVER SHEET AND ACKNOWLEDGMENT OF ADDENDUMS
The Proposer acknowledges receipt of the following Addendums to the solicitation:
Addendum Number Date
This Proposal reflects our best estimates, and/or actual costs as of this date, and conforms to the
requirements provided in the City Proposal package. By submitting this Proposal,the Proposer grants the
City the right to examine, as the basis for pricing that will permit an adequate evaluation of the proposed
price, books, records, documents, and other types of factual information, if specifically referenced or
included in the Proposal.The City shall have the right to make such investigations as deemed necessary to
determine the ability of the Proposer to perform the services required. Upon request by the City, the
Proposer shall furnish and certify all such supporting data and information that the City may request to
demonstrate the Proposer's qualifications.
The Proposer also agrees that the price to the City, including profit or fee, may be, at the option of the
City, adjusted to reduce the price to the City to the extent that the price was based on inaccurate,
incomplete,or non-current data supplied by the Proposer.
This response is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or
corporation. This Proposal is not submitted in conformity with any agreement or understanding with any
Proposer to submit a false or sham Proposal to obtain for itself or any other Proposer, an advantage over
any other Proposer or over the City of Pearland
In submitting this Proposal, the undersigned, on behalf of the Proposer, agrees that no Proposal may be
withdrawn for a period of five (5) months after the date of receipt of Proposals, and that all Proposals
shall be valid for this entire period,subject to cost adjustment as identified unless advance written consent
for such withdrawal is granted by the City.
Please check the appropriate box: 0 Corporation ❑Partnership ❑Sole Proprietor 0 Limited Liability
Company 0 Other
Social Security or Federal Tax Identification Number:
Firm/Corporation: Phone:
Address: Fax
Name and Title: Attest:
Signature: Date:
Corporate Seal:
Page 11 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
PROPOSAL BOND
The undersigned Proposer hereby declares that the Contract Documents pertaining to the proposed work
has been carefully examined, and the Proposer further agrees to commence work within ten (10) days
after the date of written notice to do so.
Enclosed with this Proposal is a Certified Check or a Proposal Bond in the sum of 5% of the annual
contract amount made payable to The City of Pearland which it is agreed shall be collected and retained
by the Owner as liquidated damages in the event this Proposal is accepted by the Owner within ninety
(90) days after the Proposals are received and the undersigned fails to execute the contract within thirty
(30) days after the date said Proposal is accepted, otherwise, said check or bond shall be returned to the
undersigned upon request.
Contractor(Firm Name)
By:
Title:
(President/Vice-President)
Address
Phone
Email
Page 13 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
AGREEMENT CANCELLATION
• The City of Pearland may, by written notice to the successful Proposer, cancel the agreement
without liability to the City if it is determined by the City that gratuities in the form of
entertainment, gifts, or otherwise, were offered or given by the Proposer, or any agent, or
representative of the Proposer, to any officer or employee of the City with a view toward securing
an agreement or securing favorable treatment with respect to the awarding or amending or the
making or any determinations with respect to the performing of such an agreement. In the event this
agreement is canceled by the City pursuant to this provision,the City shall be entitled,in addition to
any other rights and remedies, to recover or withhold the amount of the cost incurred by the
Proposer in providing such gratuities.
D. OVERVIEW
CONTRACT TERM
Initial Term. The Initial Term of the Contract shall commence on October 1,2021 (the"Commencement
Date") and shall end on September 30, 2026, unless otherwise extended or terminated earlier as
provided in the final contract
Extension Term. Contractor shall notify City of a request to extend the first term on or before September
30, 2025. Upon approval by City's City Council,the Initial Term may be extended by contract of
the Parties for an additional five(5)year term upon the same terms and conditions as stated in the
final contract.
Option Contract Term: The City will consider an Initial Term of seven (7) years with a potential
extension term of three (3) years. In the Proposal Tab, there will be an entry for the Proposer to
demonstrate what percentage overall pricing (for all service lines) will change if this Optional
Contract Term is selected by the City.
CONDITIONS
In its sole discretion,the City reserves the right to (1) withdraw the RFP from the market without notice
before or after receiving submittals, (2) accept or reject any or all proposals; and (3) accept proposals
which deviate from the RFP as the City deems appropriate and in its best interest. In its sole discretion,
the City may determine the qualifications and acceptability of any proposer submitting Proposals in
response to this RFP.
This RFP is made subject to correction, errors, and omissions. The attached Appendices are for guidance
only.
The City reserves the right to issue a subsequent RFP, cancel this entire RFP, and/or remedy technical
errors in the RFP process.
The City reserves the right to negotiate with any,all or none of the firms responding to the RFP.
Following submission of a proposal, the proposer agrees to deliver such further details, information, and
assurances, including financial and disclosure data relating to the proposer including information
Page 14 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
regarding affiliates, officers, directors, shareholders, partners, and employees as requested by the City in
its discretion.
The proposer must furnish a "Certificate of Authority" signed by the Chief Executive Officer or a
managing partner of the entity with its response. The Certificate must list the specific officers who are
authorized by board resolution to execute agreements on behalf of the entity. The proposer must furnish
evidence that the entity is in good standing and authorized to transact business in the State of Texas at the
time of submission of the Proposal.
Agreements with the selected proposer will require the selected proposer to provide worker's
compensation insurance,commercial general liability,automobile insurance, and any other insurance that
the City's Risk Manager may require. Such policies (except worker's compensation must be endorsed to
include the City as an additional named insured, and all policies must be endorsed to waive subrogation
against the City. The agreement with the selected proposer will also require indemnification of the City,
its officers and employees by the selected proposer in form and substance satisfactory to the City's Risk
Manager and the City Attorney's office.
Agreements will require a performance bond commensurate as specified in this RFP. Such bonds will be
in a form and with surety acceptable to the City.
Any and all costs and expenses associated with the preparation of any report or statement in this response
to the RFP shall be borne by the proposer.
The Proposer acknowledges that all information submitted in response to the RFP to the City will be
subject to the Texas Public Information Act.
All responses relative to this RFP and all information/charts/graphs, etc. produced as a result of this
service, if selected, shall become the property of the City of Pearland without any restrictions on usage,
subject to exceptions under the Texas Public Information Act,and are non-returnable.
The proposer may maintain a copy of such material for their records as necessary or required by industry
standards.
The proposer shall comply with Federal Law, Texas law, and the City Charter, and applicable City
ordinances.
The proposer shall not offer any gratuities, favors, or anything of monetary value to any official or
employee of the City or advisors for the purpose of influencing consideration of a response to this RFP.
The proposer shall not collude in any manner or engage in any practices with any other applicant(s)which
may restrict or eliminate competition or otherwise restrain trade. Violation of this instruction will cause
the proposer's submittal to be rejected by the City. The prohibition is not intended to preclude joint
ventures or subcontracts.
All responses submitted must be the original work product of the proposer. Copying, paraphrasing,
otherwise using substantial portions of the work product of another proposer is not permitted. Failure to
adhere to this instruction will cause the proposal to be rejected.
DISCLAIMER
• The information contained herein is provided solely for the convenience of prospective solid waste
collectors. It is the responsibility of the recipient to assure itself that the information contained herein is
accurate and complete. Neither the City nor its advisors provide any assurances as to the accuracy of any
information in this document.
• Any reliance on these contents shall be at the recipient's own risk. Proposers should rely exclusively on
their own investigations, interpretations, and analyses in connection with this matter. This RFP is being
provided by the City and its advisors without any warranty or representation, express or implied, as to its
content, its accuracy or completeness. No warranty or representation is being made by the City or its
Page 15 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
advisors that any response conforming to these requirements will be selected for consideration,
negotiation,or approval.
• The City and its advisors shall have no obligation or liability with respect to this RFP and this selection
and award process or whether an award will be made. Any recipient of this RFP who responds hereto
fully acknowledges all the provisions of this disclaimer and the disclosure set forth hereafter is totally
relying on said disclaimer and disclosure and agrees to be bound by the terms hereof. Any proposals
submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility
of the party submitting such proposal.
• The City will be bound only when a proposal, as the same may be modified, and the applicable
definitive agreements pertaining thereto, are approved by the City Council and then only pursuant to the
terms of the definitive agreements executed among the parties. A response to this RFP, or all responses,
may be accepted or rejected by the City for any reason,or for no reason,without any resulting liability to
the City and its advisors.
DISCOVERY
Each proposer shall fully acquaint themselves with conditions relating to the scope and restrictions
attending the execution of the proposed work including all information provided in this RFP and
appendices. Each Proposer shall conduct their own investigations concerning the conditions, locations,
and solid waste characteristics and quantities and applicable state and federal laws and regulations that
may affect their work. By submitting a proposal, the proposer warrants that it has fully acquainted itself
with such conditions and is prepared to honor all statements and commitments made in its proposal to the
City. Proposers will not be reimbursed any costs related to the preparation of their proposals, whether
successful or not.
CONTRACTOR RESPONSIBILITIES
The City of Pearland ("the City") desires to contract for solid waste services that will provide excellent
customer service with maximum diversion.The City is looking for a Contractor with not less than five(5)
years of experience providing residential solid waste and collection services in communities with a
customer count similar in size to the City's customer base and capable of providing services that include,
but are not necessarily limited to,the following:
(1) Real-Time GPS Tracking Capability of collection vehicles
(2) Customer Service Response Center with adequate personnel to address customer requests and
complaints
(3) Hours of Operation from 7 AM to 7 PM Central Time,Monday through Friday, 7 a.m.to 2 p.m.
Saturday except for,Thanksgiving,Christmas and New Year's Day.The hours of operation for
Customer Service are Monday through Friday,from 7:00 a.m.to 7:00 p.m.
(4) Contact Person as primary contact responsible for City of Pearland Account
(5) With respect to residential services,capable and willing to provide,depending on the Option
selected:
a. Two time per week manual collection collecting customer-provided bags
b. 95-gallon Poly Cart with once a week garbage collection
c. 95-gallon Poly Cart with twice a week garbage collection
d. 95-gallon Poly Cart with once a week recycling collection
Page 16 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
e. Brush and Bulk collection once per week with two cubic yard amount restrictions with a
call-in required
f. Curbside Hazardous Waste Collection on on-call basis once per month(unlimited)
(6) Vehicles used for collection with the City at the time of commencement of the contract are not
older than four(4)years.
Contractor shall be responsible for:
1. Furnishing all skill, labor, equipment, materials, supplies and utility services required for
providing all services in accordance with the contract entered pursuant to its proposal;
2. All actions and activities of its subcontractors;
3. Supplying all records and information required by the contract;
4. Securing at Contractor's expense all governmental permits and licenses and required regulatory
approvals(including those required by City ordinance);
5. Paying all applicable taxes and Franchise fees;
6. Complying with applicable laws and regulations;
7. Performing all work in a timely,thorough and professional manner;
8. Disposing of all collected MSW at a permitted MSW Landfill;
9. Processing and marketing recyclables collected by Contractor from the Residences;
9. All wage increases for Contractor's collectors or other employees, any benefits or added costs
resulting from changes in technology, laws, and regulations, labor practices, availability of
equipment,and other business risks that may affect the performance of this Contract;and
10. Collecting all missed pickups (for any Residential Option)within 24 hours. Saturday misses will
be collected on Monday.
Page 17 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
BACKGROUND INFORMATION
The City's current Contractor provides the following services:
1)Residential solid waste collection;
Contractor collects Residential MSW from bags only (no bag to exceed 50 pounds), on a twice-
per-week basis at the curb. The MSW is collected on Monday-Thursday, Tuesday-Friday, and
Wednesday-Saturday. No Sunday collection is allowed. The amount to be collected is limited to
eight (8) items per service day. Disabled/elderly persons registered at City Hall receive garage
door collection.
2)Residential recycling collection:
Contractor collects single-stream recycling once per week, on one of the regular MSW collection
days, using Contractor-owned 95-gallon carts. Material outside the cart is not collected.
Contractor provides service to Pearland's recycling station at no charge. Current materials
collected are old newsprint,magazines,used beverage containers,plastic bottles, steel cans,glass
containers,and other recyclable materials.
3)Residential green waste recycling collection:
Contractor collects Green Waste once per week provided such materials are placed in translucent
(semi-clear) bags. The weight of a bag shall not exceed thirty-five (35)pounds. Branches, brush
and similar woody material must be bundled and tied in lengths not exceeding four (4) feet and
having diameters not exceeding six (6) inches. The weight of any bundle shall not exceed fifty
(50)pounds.
This collection will become an option for consideration in the new contract. At this time, it is
anticipated that the City will want the Brush and Bulky combined into one weekly collection with
both items being combined for a two-yard maximum normal collection.
4)Residential household hazardous waste collection:
All materials to be collected by Contractor will be delivered by residents to the Stella Roberts
Recycling Center for pickup.
5)Residential Bulk collection:
Contractor currently collects up to two (2) yards of bulky material one time per week. Moving
boxes are to be broken down prior to set-out.
Currently,home-generated construction material is collected using Bagster.
6)Small Commercial Business(Hand Collect):
Contractor collects up to 6 bags or customer-owned cans one or two times per week. Brush and
Bulk collection are also part of this service.
7)Commercial dumpster collection(exclusive)
Collection Matrix is in Appendix E
8)Permanent roll-off collection(exclusive)
9)Temporary roll-off collection(exclusive)
Information is provided in the Appendices for the use and consideration of the Proposer. The City offers
no warranties as to the accuracy of the estimates, projections or information. Service levels, container
sizes, the frequency of collection, number of units, and similar items may vary during the course of the
Contract.
Page 18 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
DEFINITIONS
The words and phrases used in this RFP shall have the following meanings unless the context indicates a
different definition. In the event that the definitions provided herein differ from those in the most current
version of the City of Pearland's Solid Waste Ordinance now or in the future,the Ordinance shall prevail.
"Bag: A plastic sack no more than 33 gallons in size designed to store waste with sufficient wall strength
to maintain physical integrity when lifted by the top and placed curbside for Waste collection.
"Brush" Any cuttings or trimmings from trees, shrubs, or lawns, including Green Waste. Limbs should
not exceed four(4) feet in length and not exceed four(4")in diameter. All Brush may be stacked in such
a way as to allow safe lifting by the employee into the collection vehicle. No stacks, bags, bundles or
containers shall exceed forty(40)pounds in total weight.
The term "Brush" specifically excludes debris resulting from the services of a Commercial Service
Provider.
"Bulky Waste" means large rubbish items including but not limited to White Goods,bicycles, furniture,
rugs, mattresses, televisions, fence material, auto parts, and other similar oversized items which are
customary to ordinary housekeeping operations of a Residential Unit.
"Cart": 95-gallon plastic receptacles issued by Contractor to Residents,equipped with wheels,handles
and a tight-fitting cover,designed for automated or semi-automated waste collection vehicles. The
weight of a Cart and its contents shall not exceed approximately 170 lbs.
"City"means the City of Pearland,Texas.
"Collection": The act of removing Refuse and Bulky Waste for transport to a Disposal Facility,the act of
removing recyclables for transport to a Materials Recovery Facility(MRF).
"Collection Area" means that portion of the City in which Contractor provides collection services as
described in this RFP.
"Commercial Unit" means all commercial businesses and establishments, including, but not limited to,
stores, offices, restaurants, warehouses, and other nonmanufacturing facilities, premises, locations or
entities,public or private,within the corporate limits of the City.
"Commercial Waste" means all types of Solid Waste generated by stores, offices, restaurants,
warehouses,and other non-manufacturing activities,excluding Residential Waste and Industrial Waste.
"Commercial Service Provider"means a commercial business enterprise that provides tree limb cutting
and removal,or complete tree and stump removal services.
"Compactor Unit" means a mechanical unit that receives, compacts and reduces the volume of
municipal waste,refuse or garbage,whether stationary or mobile.
"Construction and Demolition Debris" means waste building materials resulting from construction,
remodeling,repair,or demolition operations that are directly or indirectly the by-products of construction
work or that result from the demolition of buildings or other structures, but specifically excluding inert
debris, land-clearing debris, yard debris, or used asphalt, asphalt mixed with dirt, sand, gravel, rock,
concrete,or similar materials.
"Container" means a receptacle with a capacity of at least 18 gallons but not greater than 96 gallons,
constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, the mouth of
which has a diameter greater than or equal to that of the base.
"Contract Administrator" means the City Manager or his designee responsible for actively interacting
Page 19 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
with Contractor to achieve the Contract's objectives; monitoring the Contract to ensure Contractor
compliance; receiving and maintaining Contractor reports; addressing Contract related problems on
behalf of the City; incorporating necessary modifications or changes into the Contract; mediating and
expediting timely resolution customer /Contractor issues, and other duties necessary to implement the
Contract.
"Contractor" means the person or business entity that enters into the Contract with the City to perform
the services described in this RFP and/or the accepted proposal.
"Curbside" Curbside shall mean within 3 feet of the curb that provides primary access to the Unit as
designated by the City unless such placement interferes with or endangers movement of vehicles or
pedestrians.
"Customer"means the owner or tenant of a Residential Unit,Commercial Unit and/or Industrial Unit,as
the case may be, located within the City,and identified by the City as being eligible for and in need of the
services provided by Contractor under the Contract.
"Dead Animals" means animals or portions thereof that have expired from any cause except those
slaughtered or killed for human use.
"Detachable Container" (also referred to as "dumpster") means a watertight, all-metal Container,
equipped with a tight-fitting metal or plastic cover and plugged to prevent drainage of leachate. The term
shall also apply to Containers of larger sizes(i.e.,"roll-offs").
"Disposal Facility"A duly permitted sanitary landfill selected by Contractor for the disposal of the
Waste and Bulky Waste collected by Contractor from the City during the Contract Term.
"Front End Loader"(FEL): Container intended for high-volume refuse generation by Multi-Family
Residence facilities,and capable of pickup and transport to a Landfill by loading of the container onto the
front of transporting vehicle.
"Garbage"means Municipal Solid Waste(MSW)consisting of putrescible or animal and vegetable
waste materials resulting from the handling,preparation,cooking,and consumption of food,including
waste materials from markets,storage facilities,handling and sale of produce and other food products,
and all Dead Animals of less than ten pounds(10 lbs.)in weight,except those slaughtered for human
consumption.
"Generator"means a person or municipality that produces or creates a municipal waste.
"Green Waste"means leaves,grass,brush and other vegetative matter.
"Hazardous Waste" means any Solid Waste identified or listed as a hazardous waste by the
administrator of the Environmental Protection Agency under the Federal Solid Waste Disposal Act as
amended by RCRA,42 U.S.C. S6901,et,seq.,as amended.
"Household Hazardous Waste" or "HHW" means items which have been segregated from residential
garbage and are designated as hazardous by the United States Environmental Protection Agency or the
State of Texas and shall include, but not be limited to, outdoor insecticides and fertilizers, automotive
products, household insecticides and maintenance chemicals, paint products and other items including
electronics,small batteries,vehicle batteries,and lamps.
"Industrial Unit"means all industrial businesses and establishments,including manufacturing facilities,
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City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
premises,locations or entities,public or private,within the corporate limits of the City.
"Industrial Waste" means solid waste resulting from or incidental to any process of industry or
manufacturing,or mining or agricultural operations.
"Medical Waste"means Waste generated by healthcare-related facilities and associated with health care
activities,not including Garbage or Rubbish generated from offices,kitchens,or other non-health-care
activities. The term includes Special Waste from healthcare-related facilities which are comprised of
animal waste,bulk blood and blood products,microbiological waste,pathological waste,and sharps as
those terms are defined in 25 TAC §1.132(relating to Definitions).
"Municipal Solid Waste (MSW)" means wastes consisting of everyday items such as product
packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers, appliances,
consumer electronics, and batteries. These wastes come from homes; institutions such as schools and
hospitals;and commercial sources such as restaurants and small businesses. Municipal Solid Waste does
not include municipal wastewater treatment sludges, industrial process wastes, automobile bodies,
combustion ash, or construction and demolition debris. The term does not include source-separated
recyclable materials.
"Multi-Family Dwellings"means structures for residential living consisting of attached units.
"Non-Recyclables": Any materials in the Single Stream Materials or Recyclables that are not
Recyclables.
"Performance Bond" means a corporate surety bond that guarantees compensation to the City in the
event that it must assume the obligations and/or duties of Contractor in order to continue the service as
defined by the Contract's Specifications.
"Permit" means a permit issued by the State of Texas to operate a municipal solid waste landfill or
processing facility, or to beneficially use municipal waste.The term includes a general permit,permit-by-
rule,permit modification,permit issuance and permit renewal.
"Pink Tag":A tag or adhesive sticker developed and produced by the Contractor and approved by The
City which will indicate to the Contractor that the bag on which the Pink Tag has been affixed by a
Residential Unit Resident is intended for collection and disposal.
"Poly Cart" means a 95-gallon poly cart plastic container, provided by Contractor or Customer, clearly
marked for MSW or Recycling, equipped with wheels,handles and a tight-fitting cover, capable of being
mechanically unloaded into Contractor's collection vehicles. The terms "Cart" and"Wheeled Container"
shall be considered interchangeable.
"Processing"Any technology used for the purpose of reducing the volume or bulk of municipal waste or
any technology used to convert part or all of such waste materials for offsite reuse. Processing facilities
include,but are not limited to,transfer facilities,composting facilities,and resource recovery facilities.
"Proposal Bond"The corporate surety bond or a certified check drawn on a national bank,in the amount
specified in the Instruction to Proposers, submitted with the Proposal as a guarantee that the Proposer
will,if called upon to do so,accept and enter in the Contract.
"Recyclable Material: means a material that has been recovered or diverted from the non-hazardous
waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is
consistently used in the manufacture of products that may otherwise be produced using raw or virgin
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City of Pearland, Texas Request for Proposal Contractor's Initial -
Exhibit C
materials. Recyclable Material is not Solid Waste. However, Recyclable Material may become Solid
Waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be
Solid Waste, with respect to the party actually abandoning or disposing of such material. Residential
Recyclables include juice boxes, glass containers (clear, brown, green), tin-steel cans, paper board,
cardboard,magazines, aluminum cans,newspapers,junk mail,phone books, office paper, and plastics all
codes(#1 through#7,except for#6,which is Styrofoam products).
"Recycle" or "Recycling"means the collection, separation, recovery, and sale or reuse of metals, glass,
paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as
municipal waste or the mechanized separation and treatment of municipal waste and creation and
recovery of reusable materials other than a fuel for the operation of energy.
"Recycling Container"means a plastic receptacle with a capacity of 95 gallons designed for the purpose
of the Curbside Collection of Recyclable Materials.
"Recycling Facility"means a facility employing a technology that is a process that separates or classifies
municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer
as a substitute for or a supplement to virgin raw materials. The term "Recycling Facility" shall not mean
transfer stations,or municipal solid waste landfills,composting facilities,or resource recovery facilities.
"Refuse": Same as Rubbish.
"Residential Curbside.Recycling" means the collection of Recyclable Materials placed by Customers
residing in Single-Family Structures at Curbside for collection, the delivery of such materials to a
Recycling Facility,and the subsequent recycling of the collected materials.
"Residential Unit" means a residential dwelling occupied by a person or group of persons comprising
not more than four families. A Residential Unit shall be deemed occupied when either water or domestic
light and power services are being supplied thereto. A condominium dwelling,whether of single or multi-
level construction,consisting of four units,shall be treated as a Residential Unit.
"Residence" means any house, dwelling, multi-unit residence, apartment house, or any building put to
residential use except Multi-Family Dwellings.
"Residential Waste" means all Refuse, Garbage, and Rubbish and other Solid Waste generated by a
Customer at a Residential Unit.
"Roll-off Container"means a Container provided to a Commercial Unit or Industrial Unit by Contractor
measuring 20, 30 or 40 cubic yards, intended for high-volume refuse generating Commercial Units or
Industrial Units, and capable of pickup and transport to a Municipal Solid Waste Landfill by loading of
the Container onto the rear of transporting vehicle,but excluding a Stationary Compactor.
"Rubbish" means non-putrescible Solid Waste (excluding ashes), consisting of both combustible and
noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics,yard trimmings, leaves, or similar materials; noncombustible rubbish includes
glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not burn at
ordinary incinerator temperatures(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
"Small Businesses Garbage Generator" means a commercial type of business, which generates no
more than one(1)cubic yard of Solid Waste per week.
"Solid Waste"means garbage,Rubbish,Refuse,sludge from a wastewater treatment plant,water supply
treatment plant, or air pollution control facility, and other discarded material, including solid, liquid,
semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities. The term does not include: a)
Solid or dissolved material in domestic sewage,or solid or dissolved material in irrigation return flows,or
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City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
industrial discharges subject to regulation by permit issued under Texas Water Code, Chapter 26; b)
Solid,dirt,rock,sand,and other natural or man-made inert solid materials used to fill land if the object of
the fill is to make the land suitable for the construction of surface improvement; c) Waste materials that
result from activities associated with the exploration, development, or production of oil or gas or
geothermal resources and other substance or material regulated by the Railroad Commission of Texas
under Natural Resources Code, §91.101, unless the waste, substance, or material results from activities
associated with gasoline plants,natural gas liquids processing plants,pressure maintenance plants, or re-
pressurizing plants and is hazardous waste as defined by the administrator of the EPA under the federal
Solid Waste Disposal Act, as amended by RCRA, as amended (42 USC, SS6901 et seq.), or d)
Unacceptable Waste.
"Special Waste" means Waste that requires special handling and management due to the nature of the
waste, including, but not limited to, the following: (A) containerized waste (e.g. a drum, barrel, portable
tank, box, pail, etc.), (B) waste transported in bulk tanker, (C) liquid waste, (D) sludge waste, (E) waste
from an industrial process, (F) waste from a pollution control process, (G) Residue and debris from the
cleanup of a spill or release of chemical, or(H) any other waste defined by Texas law, rule or regulation
as "Special Waste".
"Source-separated.Recyclable Materials" means Recyclable Materials that are separated from MSW at
the point of origin for the purpose of Recycling.
"Third Party Provider":A commercial business enterprise or commercial service provider providing
services to Residential Units.
"Unacceptable Waste" means any Waste, the acceptance, and handling of which by Contractor would
cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to
Contractor's equipment or facilities, or present a danger to the health or safety of the public or
Contractor's employees, including, but not limited to, Hazardous Waste, Special Waste (except as
otherwise provided herein), untreated Medical Waste, Dead Animals weighing ten pounds (10 lbs.) or
greater, solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return
flows, or industrial discharges subject to regulation by permit, soil, dirt, rock, sand, and other natural or
man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the
construction of surface improvements.
"Unusual Accumulations" Any Residential Unit Waste placed curbside for collection which does not
meet the specifications defined by this Agreement for regular garbage, bulky waste, and yard waste
including any Waste placed in a bag or other container without a Pink Tag. Contractor has the right to
take photographic evidence of Unusual Accumulations, and the option to provide for the collection of
Unusual Accumulations for a fee as after inspection and pricing by Contractor supervision.
"Waste" or"Waste Materials means all Residential Waste, Commercial Waste, and Industrial Waste to
be collected by Contractor pursuant to the Contract. The term "Waste" specifically excludes
Unacceptable Waste.
"White Goods"means refrigerators that have CFCs removed by a certified technician,stoves and ranges,
water heaters,freezers,swing sets,bicycles(without tires)scrap metal,copper,and other similar domestic
and commercial large appliances.
"Yard Waste" means accumulations of lawn, grass, or shrubbery cuttings or clippings, and dry leaf
rakings, small tree branches (not to exceed 4 feet in length, nor 4 inches in diameter), bushes or shrubs,
green leaf cuttings, fruits, or other matter usually created by refuse in the care of lawns and yards, except
Page 23 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
large branches,trees,bulky or non-combustible materials not susceptible to normal loading and collection
in "load packer" type sanitation equipment used for regular collections from domestic households.
Notwithstanding the foregoing,all trees,shrubs and brush trimmings must be stacked,or tied together in a
manner to allow an employee to reasonably lift the bundle into the truck, and no such bundle or stack
shall exceed forty(40)pounds in weight.
E. EVALUATION AND AWARD CRITERIA
CITY COUNCIL AWARD
All proposals will be evaluated by City Staff and its consultant who will recommend the best and most
advantageous proposal to the City Council for the award.
CRITERIA FOR EVALUATING PROPOSALS
Evaluation of proposals will consist of a review of the written proposals by City Staff and the consultant.
Based on the results of the scoring after evaluation of the written proposals,interviews will be conducted,
and scored, with the top-rated proposer(s). On an as-needed basis, the reviewers may conduct site visits,
reference checks, independent verification of credit ratings, corporate reputation, etc. and any other
prqcedures or due diligence considered necessary for determining the best overall proposal to provide the
requested services.
SCORING OF PROPOSALS
The Proposal will be evaluated according to various criteria,with the weight of each area of the proposal
evaluation criteria being as shown in the table below. The evaluation committee will recommend the
qualified proposer that demonstrates the best value for the City based on the proposal evaluation criteria.
Criteria Percent of Total
Compliance,Clarity of Proposal—Minimal Exceptions to RFP 5%
and to Contract
Experience Providing Like-Services to Like-Sized Cities 5%
Strength of Personnel at the Hauling Division 5%
Operational Plan in Narrative Format 15%
Transition Plan to New Vendor and/or Service Model 20%
Customer Service,Contract Compliance Reporting,the use of 10%
GPS&Support
Financial Strength of Proposer 5%
Competitive Cost of Proposal
Important Note regarding Cost of Proposal:The City wishes to
maintain a balance between rates charged to Commercial/Industrial
customers relative to the rates charged for Residential accounts.The
current structure represents such a balance.The overall(extended) 35%
rates for all services will compared for scoring this section.A pricing
imbalance for any service line of the overall contract cost will
negatively impact the proposer's pricing score.
Page 24 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
F. SCOPE AND SERVICE SPECIFICATIONS
DESCRIPTION OF SERVICES
Public health and safety, as well as environmental protection, are of primary importance to the City.
Therefore, the City intends to implement through contracted services a fully integrated municipal solid
waste collection program that encourages waste minimization and increases opportunities for diversion.
Services under any Option will include:
1) Residential solid waste collection
2) Residential Recycling Collection
3) Household hazardous waste collection from one location
4) Residential brush&bulk collection
5) Residential special bulky waste collection
6) Commercial dumpster collection
7) Permanent roll-off collection(open-top and compactors)
8) Temporary roll-off collection
9)Optional Residential Green Waste Collection
Current Residential Rate is $18.53 plus applicable taxes from Contractor, which includes base
rate of$14.94,plus$1.00 City Administration Fee,plus 15%Franchise Fee.
RESIDENTIAL SOLID WASTE COLLECTION
Each proposal should include pricing for the various options set forth below relating to the collection of
MSW:
Option 1:
Twice per week collection of MSW from customer-provided bags only (no bag to exceed 50 pounds)
without the use of any type of container for collection at the curb. The MSW will be collected on
Monday-Thursday,Tuesday-Friday,or Wednesday-Saturday.
The amount to be collected will be limited to eight(8)bags per service day.
Collections shall be made from Residences on a regular schedule on the same day and approximately the
same time each week.
Option 2:
One time per week collection of MSW with the Contractor supplying one 95-gallon poly cart.
A Residential Unit may purchase a"Pink Tag"and affix it to a Bag of Waste. Contractor agrees to collect
properly placed Bags that have a"Pink Tag"affixed at Residential Units.
All Residential collections shall be performed weekly. The collection will be performed using 95-gallon
carts for waste. Collections shall be made from Residences on a regular schedule on the same day and
approximately the same time each week.
Page 25 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Option 3:
Two time per week collection of MSW with the Contractor supplying one 95-gallon poly cart.
A Residential Unit may purchase a"Pink Tag"and affix it to a Bag of Waste. Contractor agrees to collect
properly placed Bags that have a"Pink Tag"affixed at Residential Units.
All Residential collections shall be performed weekly. The collection will be performed using 95-gallon
carts for waste. Collections shall be made from Residences on a regular schedule on the same day and
approximately the same time each week.
For any MSW Collection Option:
Disabled/elderly persons registered at City Hall will receive garage door collection.
Contractor shall provide a proposed schedule and map of collection sectors.
RECYCLING COLLECTION(FOR ANY OPTION)
Option 1 and Option 2:
Contractor shall provide once per week collection, on one of the regular MSW collection days, of
Recyclables placed in the Residential Unit's designated Recyclables Cart. The Recycling Cart shall
be provided by the Contractor. Contractor shall not be required to collect any Recyclable Materials
from a Residential Unit that are not placed in that Residential Unit's designated Cart. Customers shall
not overload the Recycling Cart.Any recyclables at curb not in the Cart will be treated as trash or can
be taken to the City recycling center.
Option 3:
Contractor shall provide once per week collection, on one of the regular MSW collection days, of
Recyclables placed in the Residential Unit's designated Recyclables Cart. The Recycling Cart shall
be provided by the Contractor. Contractor shall not be required to collect any Recyclable Materials
from a Residential Unit that are not placed in that Residential Unit's designated Cart. Customers shall
not overload the Recycling Cart.Any recyclables at curb not in the Cart will be treated as trash or can
be taken to the City recycling center.
Page 26 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
RECYCLABLES must be dry,loose(not bagged),un-shredded,empty, and include ONLY the
following:
Aluminum cans Newspaper
PET bottles with the symbol#1 —with screw tops only Mail
HDPE plastic bottles with the symbol#2(milk,water Uncoated paperboard(ex.cereal boxes;food and snack
bottles detergent,and shampoo bottles,etc.) boxes)
PP plastic bottles and tubs with symbol#5-empty Uncoated printing,writing and office paper
Steel and tin cans Old corrugated containers/cardboard(uncoated)
Glass food and beverage containers—brown,clear,or Magazines,glossy inserts,and pamphlets
green
Plastics not listed above including but not limited to Cartons,Aseptic Containers
those with symbols#3,#4,#7
NON-RECYCLABLES include,but are not limited to the following:
Plastic bags and bagged materials(even if Microwavable trays
containing Recyclables)
Porcelain and ceramics Mirrors,window or auto glass
Light bulbs Coated cardboard
Soiled paper,including paper plates,cups,and THIS SPACE IS BLANK
pizza boxes
Expanded polystyrene and#6 plastics Coat hangers
Glass and metal cookware/bake ware Household appliances and electronics
Hoses,cords,wires Yard waste,construction debris,and wood
Flexible plastic or film packaging and multi- Needles,syringes,IV bags or other medical supplies
laminated materials
Food waste and liquids,containers containing Textiles,cloth,or any fabric(bedding,pillows,sheets,etc.)
such items
Excluded Materials or containers which Napkins,paper towels,tissue,paper plates,paper cups,and plastic
contained Excluded Materials utensils
Any paper Recyclable materials or pieces of Propane tanks,batteries
paper Recyclables less than 4"in size in any
dimension
Recycling Contamination Specifications:
Contractor shall indicate the maximum amount of contamination to be allowed before determining
if any fees shall be charged to the City(located in Proposal Tab 8).
For Recyclables not meeting the specifications,in excess of the allowable percentage,the City may pay a
contamination charge for additional handling, processing, transporting and/or disposing of Non-
Recyclables.
A report of each non-conforming load detailing the composition of the load and including photographic
evidence of the load will be provided the City within 24 hours of the load being transported to the
Disposal Facility.
Page 27 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
HOUSEHOLD HAZARDOUS WASTE COLLECTION(FOR ANY OPTION)
All Household Hazardous Waste materials will be delivered by residents to the Stella Roberts Recycling •
Center where the Contractor shall arrange for collection (this service may be subcontracted to a firm
specializing in the provision of this service).Materials will come from City of Pearland residents, as well
as from residents within Brazoria County.Anticipated volumes are reflected in Appendix B.
RESIDENTIAL BULK&BRUSH COLLECTION(FOR ANY OPTION)
For the Base Proposal (any option) Contractor will collect Brush & Bulk materials one time per week.
The Resident will be limited to two (2) cubic yards of combined Brush and/or Bulk material per
collection. Appliances or "White Goods" such as a freezer, refrigerator, water cooler, dehumidifier, air
conditioner and any other appliances containing refrigerants must be tagged certifying that all refrigerants
have been removed by a certified refrigerant technician prior to their placement for collection.
These materials will be transported to and disposed of at a sanitary landfill.
RESIDENTIAL UNUSUAL ACCUMULATIONS COLLECTION(FOR ANY OPTION)
When a Customer desires collection of more Brush and Bulky material than the weekly limit,the resident
can request an Unusual Accumulations Collection at the rate set forth in Proposal Tab 8. The Collection
price will reflect a cost per hour for the vehicle, plus applicable disposal. Any additional fees to be
charged to a Customer for collection of Unusual Accumulations will be determined after visual inspection
by Contractor's supervisor,and such fees will be approved by the Customer prior to commencing work.
OPTIONAL RESIDENTIAL GREEN WASTE COLLECTION(FOR ANY OPTION)
In the Appendices a tonnage report is provided for 2019's collection year. Green Waste(Brush) that was
taken to the compost facility is reflected in the total number for both Brush and Bulk collected. The
quantity of Green Waste is unknown in the total provided, so the Proposer should base their estimate on
prior volume experience with like-sized communities.
If this optional service is selected, Contractor shall provide once per week collection for collection of
Brush and Yard Waste. Green waste materials must either be tied and bundled or placed in clear bags.
Contractor will not be obligated to collect any green waste not bundled or placed in clear bags. All such
material will be placed curbside.
If this option is selected,it will be an additional service option and will be priced in Proposal Tab 8.
ALTERNATIVES TO THE REQUIRED SPECIFICATIONS
Specifications contained herein are the minimum level of service to be provided. If a proposer wishes to
propose a higher level of service or innovative collection methods that will benefit residents through
increased service or reduced costs,they should first include a proposal on base service as described in this
RFP and then propose the innovative service as an alternative to the base service so that the City may
determine the best option for its residents. The description of the alternative service should be provided
with the proposal submission. Pricing for Alternatives shall follow the same protocol outlined in Proposal
Tab 8 for each of the Residential service options.
Page 28 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
OSHA,HEALTH,AND ENVIRONMENTAL LAWS
Contractor shall comply with the federal Occupation Safety and Health Act of 1970, as amended
("OSHA") and the regulations promulgated under the Act and with standards and regulations issued to
implement these statutes from time to time.
Contractor is also responsible for meeting all pertinent local, state and federal health and environmental
laws,regulations, and standards.
EXCLUSIVE COLLECTION AREA
Contractor shall have the exclusive right to provide all solid waste collection services called for in this
RFP within the boundaries of the City of Pearland.
CART PLACEMENT FOR COLLECTION
As a general rule, residents are required to place their carts next to the curb in front of the residence for
pickup. Contractor shall not be required to collect any Waste not placed in the designated Cart, with the
exception of the collection of bags that have a "Pink Tag", where the Cart is overloaded by weight or
volume,or that is not properly placed curbside.
SPECIAL NEEDS CART PLACEMENT FOR COLLECTION
If the City deems all residents of a Single-Family Residence are handicapped or due to age or verified
physical limitations cannot safely move their Waste cart to the curb, Contractor personnel will collect the
Cart at the side yard or garage door and return to the same place once emptied. All requests for collection
assistance will be approved by the City and then relayed by the City to Contractor. The rate for the
collection of Special Needs carts shall be the same as a regular collection.
RESIDENT LANDFILL ACCESS
The Contractor will arrange for access to a Disposal Site located within fifteen(15)miles from the center
of the City of Pearland for residents of the City. Each resident will be allowed free access for disposal of
up to three(3)cubic yards(or the bed of a pickup truck)of MSW material.
Residents will be entitled to one trip per month.
The Resident shall be required to present a valid driver's license and water bill to gain access to the
Disposal Site. The Resident shall not be authorized to use this privilege for disposal of non-residential or
commercial wastes.
If Contractor does not own or operate a Disposal Site within fifteen(15)miles of the City,the Contractor
will establish a contract with a Disposal Site (within 15 miles of the City) to be utilized and Contractor
will be responsible to pay for any charges assessed for the use of the Disposal Site by Residents.
No known quantities exist for this service currently.
Page 29 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
HOLIDAY COLLECTIONS
Contractor shall perform collection on all days except for Thanksgiving, Christmas and New Year's Day.
Make-up Residential collection is on the next day after the Holiday.
SMALL BUSINESSES GARBAGE COLLECTION—Option 1
Collections from all Small Business Garbage Generators shall be performed once or twice per week. The
Customer will provide up to six(6)garbage or refuse containers not to exceed thirty-two(32)gallons in
size with no bag weighing more than fifty(50)pounds.Additionally,Contractor shall collect up to two
(2)bundles of grass,brush or tree limbs that are securely tied and not exceeding four feet(4')and no one
bundle exceeding fifty(50)pounds.
SMALL BUSINESSES GARBAGE COLLECTION—Option 2 and Option 3
Collections from all Small Business Garbage Generators shall be performed at least weekly. Within the
Collection Area, the collection days shall adhere to the current schedule established by the City. The
collection will be performed using 95-gallon Carts provided by Contractor. Collections shall be made on a
regular schedule on the same day and approximately the same time each week.
Contractor is not responsible for collecting Carts weighing in excess of 170 pounds. Contractor shall be
responsible for providing notice first to the customer and then to City staff if it believes Garbage is not
prepared and/or located in an area accessible to the collection vehicle. However,the City shall be the sole
and final judge as to such conditions and locations.
FRONT END LOADER CONTAINER COLLECTION •
Contractor shall make at least two(2)weekly collections at all commercial establishments subject to the
terms of the Contract and at sufficient additional intervals necessary to perform adequate services and to
protect the environment,unless otherwise approved in advance by the City,provided however,where the
refuse is exclusively non-putrescible in nature,one weekly collection is permitted.
Contractor shall not be required to perform during emergencies resulting from Acts of God or where
proper payment has not been received.
Within the Collection Area,the collection shall be performed Monday through Saturday between the
hours of 5:00 am. and 7:00 pm.within the confines of the current ordinances of the City. Collections shall
be made on a regular schedule on the same day and approximately the same time each week.
Dumpsters will be located at a place convenient and safely serviceable to the Contractor and the
Commercial Customer.
Contractor or City shall not be responsible for damage which is not negligently or willfully caused by the
Contractor to any private pavement or accompanying sub-surface,or any drive approach connecting said
private pavement to public street or alley,of any route reasonably necessary to perform the services in the
Contract.
No commercial container,dumpster or roll-off container should be overloaded to the point where the lid
or covers will not close,or the tarp will not properly cover the load.The Contractor may decline to empty
an overloaded container until the Customer unloads the dumpster or roll-off container to the point where
the lid(s)will close,or where the load may be safely tarped prior to transport.
Page 30 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
ROLL-OFF CONTAINER COLLECTION FOR CONSTRUCTION DEBRIS,REMODELING
To the extent allowed by law,the Contract will provide exclusive rights to Contractor for the collection of
Construction Debris, and waste materials, such as carpeting, roofing, drywall, etc., resulting from
remodeling activities,which are generated in quantities requiring a Roll-Off Container for on-site storage,
collection,and transport.
STATIONARY COMPACTOR UNITS
For those businesses that utilize Stationary Compactor Units,the Contract shall provide for the collection
and transport of the Compactor Unit's Detachable Container. The purchase, lease, installation,
maintenance and repair of the Stationary Compactor Unit or any related parts or accessories, as well as
the Detachable Container are between Contractor and the property owner/manager. If a business wishes to
rent a Detachable Container, Contractor shall provide such Container(s)at the rental rates in the Roll-Off
rate schedule in Proposal Tab 8.
CITY EVENTS AND FACILITIES
Contractor shall collect Garbage and Recyclables from Carts and Detachable Containers at those City
Facilities included in the Contract at the frequency and day(s) specified by the City, Monday through
Friday. Contractor shall not be required to provide more than a daily collection per location. The City has
supplied information regarding Structures receiving Cart and Detachable Container service, the number
and size of the Containers and the collection frequency in Appendix A. Some of the events and facilities
are serviced at no charge. Those that will be serviced for a fee are indicated with a current rate in the
appropriate column in Appendix A.
EDUCATION CAMPAIGN
In an effort to inform and educate Residential Customers regarding Contractor's commencement of
services pursuant to this Contract, Contractor shall,at Contractor's cost:
(a) Distribute a professionally prepared brochure to each Residence at least one (1) time
approximately four (4) weeks prior to the commencement of the new Contract. The
brochure shall describe the upcoming change in service for MSW Material, Recycling,
Bulk and Brush, and Household Hazardous Waste collection services to Residential
Customers, Contractor's contact information to be used by Residential Customers
wishing to ask questions or lodge complaints, and any other relevant information
necessary to enhance community education;
(b) Provide to City a sufficient number of additional copies of the above-described brochure
to allow City to provide to people requesting such information; and
(c) Coordinate with and supply any and all information reasonably requested to facilitate the
City's efforts to notify Residential Customers of this transition.
(d) To support the City's environmental education efforts, the Contractor shall pay the City
the amount of Five Thousand Dollars($5,000.00)per month.
Page 31 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
CITY FACILITIES AND SPECIAL EVENTS
Contractor agrees to provide Dumpster(s) and/or Roll-Offs for Special Events and at City facilities set
forth in Appendix A. The type of equipment and frequency of collection is set out in Appendix A and
may be adjusted as agreed to by the City and Contractor.
Nerccary ins in service as agreed to between the City and Contractor to existing,or new,City facilities will be added to
the schedule and serviced at no charge.
Any additional Special Events not listed in Appendix A or necessary increases in service to events listed
in Appendix A will be serviced by Contractor at a charge.
G. COLLECTION EQUIPMENT
All vehicles,facilities,equipment,and property used in the performance of this Contract shall be provided
by Contractor.
VEHICLE SPECIFICATIONS
All vehicles,facilities,equipment,and property used in the performance of this Contract shall be provided
by Contractor.At the start of this Contract,all vehicles used in collection shall be in good operating order
and not older than four(4)years (i.e., year model 2017 or newer). At no time shall a vehicle be used for
collection that is older than 10 years. All vehicles shall be kept in a clean and sanitary condition with the
interior of the cab free of clutter. All collection equipment used under this Contract shall meet all
applicable state and federal safety standards. Contractor shall obtain all required operating permits and
registrations.
Collection vehicles shall be painted in the Contractor's color schemes. The vehicles shall have the number
of the vehicle painted on each side of each vehicle and on the rear of the vehicle in a contrasting color
from the body color,the letters to be at least six inches high.No advertising shall be permitted other than
the name and address of Contractor. Contractor shall place the appropriate customer service telephone
number on all collection trucks.
Collection vehicles shall be sufficient to service all Structures at the frequency and level of collection
specified in the Contract. Collection vehicles shall be capable of handling, in the safest and efficient
method available, the Carts or Containers and material specified for each structure on its route. All such
vehicles shall be operated in conformity with the laws of the State of Texas.
All vehicles used by management personnel, including route supervisors, shall be equipped with cell
phones with voice mail so they can be contacted by the City. Collection vehicles will be equipped with
two-way communication devices so that the Contractor's staff and the driver may communicate during
the route collection.
Please describe how you define "Real Time" GPS Tracking and the program you plan to propose to
utilize for"Real-Time"GPS Tracking if those resources are available.
Page 32 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
VEHICLE MAINTENANCE AND INVENTORY
Contractor shall provide with the proposal a complete inventory showing each vehicle (type, capacity,
approximate age) to be used for performing the Contract,which vehicles shall conform to specifications
set forth in Vehicle Specifications.No later than 30 days prior to the commencement of services under the
Contract, Contractor shall confirm and verify the inventory provided with the proposal documents. Upon
approval of the City, Contractor may change equipment from time-to-time and shall revise the inventory
accordingly. Contractor shall provide the City with the revised inventory within one (1) week of any
changes. Contractor shall maintain a vehicular fleet during the performance of this Contract at least equal
to that described in the inventory.
SUPPLYING GARBAGE AND RECYCLING CARTS
Contractor shall supply and maintain all garbage and recycling carts.
Garbage Carts and Recycling Carts supplied by Contractor will be new at the commencement of this
contract. Contractor shall retain ownership of the Carts provided.
Contractor shall provide instructions for proper use of the Carts to the residents in conjunction with the
delivery of the Carts. Upon notice from the City, Contractor shall deliver Carts to new Customers who
move into the Collection Area. Contractor will be responsible for responding to requests from and
delivering Carts to, Customers who need a Cart replacement for whatever reason. Carts shall be delivered
no later than five(5)business days after notice from the City.Used Carts must be cleaned prior to reentry
into the system and delivery to Customers. Damaged Carts shall be removed at the same time a
replacement Cart is delivered.
The Carts shall be provided with instructions for proper use, including any Customer actions that would
void manufacturer warranties, such as placement of hot ashes in the Container causing the Cart to melt,
and procedures to follow to minimize potential fire problems.
Should a Cart be lost or stolen from a Residential Unit,the Resident is to obtain a replacement Cart by
contacting Contractor directly.Where a replacement Cart is purchased by the Contractor to replace an
existing Cart,Contractor shall assess a$70.00 charge(for any size cart)to the Resident,which the
Resident is obligated to pay.
If a Cart is damaged while at a Residential Unit,the Resident shall contact Contractor directly to request a
replacement Cart. Contractor shall replace a damaged Cart with a reconditioned Cart at no additional
charge. Contractor shall deliver a reconditioned Cart within(2)business days after notice by the City.
Reconditioned Carts must be cleaned prior to re-entry into the system and delivery to Residents.
Damaged Carts shall be removed at the same time a reconditioned or replacement Cart is delivered.
In the case of an existing service address whose previous resident has left a 95-gallon MSW Cart; no
formal notification will be given to Contractor. In the case of new homes or existing homes that do not
have a Cart,the City will provide the Contractor with a formal request for new service.New service Carts
will be provided within the second business day following the request with pick up available on the next
scheduled day following delivery.
Page 33 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
SUPPLYING DETACHABLE CONTAINERS FOR COLLECTION
Prior to the beginning of the Contract, Contractor shall provide Detachable Containers for Garbage
Collection to all Facilities receiving Detachable Container collection service under the Contract.
Detachable Containers will be standard Containers capable of being serviced by front load, collection
vehicles and/or roll-off vehicles compatible with compactor and open-top containers.
Detachable Containers shall be located on the premises in a manner satisfactory to the City or site
manager and convenient for collection by Contractor.The City,whose decision shall be final and binding,
shall mediate any disagreements over Container placement and collection.
Contractor is not required to collect from Detachable Containers if access across the Customer's private
property is blocked
DETACHABLE CONTAINER COLLECTION FOR CONSTRUCTION AND REMODELING
•
The Scope of Work and the Contract will provide exclusive rights to Contractor,to the extent allowed by
law, for the collection of Construction and Remodeling Debris and similar waste materials, such as
carpeting, roofing, drywall, etc., resulting from construction and remodeling activities, which are
generated in quantities requiring a Roll-off Container,for on-site storage,collection, and transport
DETACHABLE CONTAINER STANDARDS
Detachable Containers supplied by Contractor shall be painted a uniform color, bear the name and
telephone number of the Contractor, and bear a serial number coded for Container size. Detachable
Containers (Dumpsters) placed for the collection of wet or odorous wastes shall be painted, or changed
out,at least once every 2-1/2 years.
Roll-Off Compactor containers shall be steam cleaned at least once each year or as directed by the City.
Contractor is responsible for removing graffiti from its Detachable Containers. Collection drivers shall
regularly note Containers containing graffiti. Contractor personnel shall then remove reported graffiti.
Contractor shall remove any graffiti reported by the City within five(5)business days of notification.
DETACHABLE CONTAINER INSTALLATION AND MAINTENANCE
Each Detachable Container is subject to inspection by the City and approval as to appearance and
condition before placement at any City facility.
A Detachable Container shall be reconditioned and repainted if necessary,before being supplied to a City
facility that has not used it earlier. If the City so requires, a Detachable Container shall be cleaned or
repainted within thirty(30)days of delivery of a written request by the City.
If appropriate to serve the City's needs and/or locations, the City may require Contractor to install and
service a front-end load Detachable Container. The City may also require Contractor to equip a
Detachable Container with plastic lids.
Contractor shall repair or replace within one business day any Detachable Container that the City
determines does not comply with ordinance standards or constitutes a health or safety hazard.
Page 34 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
DETACHABLE CONTAINERS REPAIR OR REPLACEMENT
Damage to Detachable Containers on Customers'premises is at Contractor's risk, as between those parties
and without affecting the risk or liability of others.
Contractor shall be responsible for the repair of all Contractor Detachable Containers damaged due to the
Contractor's negligence. Contractor shall repair or replace within one business day any Detachable
Container that the City determines does not comply with ordinance standards or constitutes a health or
safety hazard.
H. TRANSITION PLAN
Proposer shall describe its proposed strategies to ensure a smooth transition from the current provider
(should this occur), and current service levels, to the successful Proposer and new service levels. The
proposed Transition Plan is of critical importance to the City.
In the Transition Plan,Proposer must describe the following:
A. Individual or group of individuals that will oversee the execution of the Transition Plan.
B. The proposed approach, including equipment, personnel, and schedule, for delivering Carts,
Dumpster and Roll-off containers to Customers. Proposers shall also describe how the
delivery of equipment will be conducted in coordination with the removal of the existing
equipment used by the current provider(should this occur).
C. A detailed schedule for the transition.
D. Proposed strategies for Customer communication regarding the transition of service
providers. Customer communication will begin no later than sixty (60) days prior to the
initiation of service.
•
Page 35 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
I. COMMUNICATION AND MEETINGS
POINT OF CONTACT
All dealings and contacts between Contractor and The City shall be directed between the designated
representative of Contractor and the Contract Administrator designated by The City.
CONTRACTOR'S OFFICE
Contractor shall maintain an office or other facilities through which they can be contacted equipped with
sufficient telephones having local phone numbers. Such office shall be staffed by a responsible person in
charge and an adequate number of additional staff available to answer the phone from 7:00 a.m. to 7:00
p.m. on regular collection days. When the collection is postponed one day for scheduled or unscheduled
reasons, Contractor's customer service personnel must be available to answer phones on all days during
which collection service is provided. An informative recording answering frequently asked questions
shall be available at all other hours,thereby providing a 24-hour, 7-day per week customer service line.
CUSTOMER SERVICE AND COMPLAINT RESOLUTION
Customer complaints shall be directed to the Contractor. Contractor shall notify the City daily, in writing
by email,of all complaints received.
At the end of each business day, Contractor shall email the City a recap of the day's complaints from
Residential, Commercial or Industrial Customers. The email shall contain the address of the Customer
about which the complaint is made, the time of the call, and a summary of the follow-up action taken to
resolve the issue. Missed pick-ups from one day shall be reflected on the next day's complaint report
indicating that collection was made.
Contractor shall arrange for collection on the next business day, before noon, after receipt of a missed
collection complaint (Saturday shall be considered a business day for the resolution of missed Friday
pickups and Sunday shall be considered a business day for the resolution of missed pickups on Saturday).
If the missed pickup is a result of Customer related acts or omissions, Contractor shall take appropriate
action to cause such Customer to subsequently properly set out the container and shall notify the City of
such action.
As requested by the City, Contractor shall make available GPS tracking reports for residential collection
vehicles.
MEETINGS
In order to minimize problems during implementation of the Contract, to provide a forum for discussing
and resolving any operational questions or issues that may arise, Contractor's representative will be
required to meet with City representatives on a regular basis as follows:
(1) During the period from the date the Contract is executed until three months after the
actual collection services begin(or such earlier date as may be mutually agreed to by the
parties) meetings shall be held between representatives of the parties on a regular basis,
as may be mutually agreed. The primary purpose of such meetings shall be to evaluate
Contractor's performance in implementing the Contract, to evaluate Container delivery
progress or problems, to air and seek resolution of complaints, to discuss any actual or
Page 36 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
perceived problems with service, and to discuss promotion, public information, and
public relations.
(2) After the initial 90-day period meetings shall be held at least on a quarterly basis,unless
otherwise mutually agreed to,between representatives of the parties. Such meetings shall
be held for the purpose of reviewing and discussing day-to-day operations, promotion,
public information,and public relations.
(3) Meetings shall be held at the offices of the City unless otherwise agreed upon by both
parties. Each party shall be available for at least 60 minutes per meeting unless otherwise
agreed in advance.Meetings shall be held during normal business hours.
NEWSWORTHY AND EMERGENCY NOTIFICATIONS
During the term of the Contract,there may be activities or circumstances,positive or negative, involving
Contractor's business that could be newsworthy. Likewise, Contractor or Contractor's employees could
be involved in a motor vehicle accident or an environmental accident. Contractor must contact the City
Manager or his designee immediately and no later than 24 hours in the event of one of the following: any
news coverage or sudden event that could impact the service Contractor provides to the City; any news
coverage or sudden event that are reasonably anticipated to result in citizen phone calls to the City; an
environmental emergency or incident, including spills, that involves Contractor, a related business of
Contractor, or a Contractor's employee that occurs within the City; a motor vehicle accident which
occurred while providing services under the Contract; personal injury accidents which occurred while
providing services under the Contract; property damages which occurred while providing services under
the Contract.
CUSTOMER NOTIFICATIONS
The City will coordinate with Contractor and approve all necessary communications with Residential
Customers including but not limited to fee changes, route changes, holiday schedules, promotion of
mulching and composting to reduce waste,etc.
J. REPORTING
Contractor shall be required to provide the following reports or notifications to the City Manager or his
designee in addition to daily reports. If not established by an outside authority, report formats will be
mutually agreed to by Contractor and the City.
MONTHLY REPORTS
Complete and accurate Monthly Reports must be submitted to the City Manager or his designee in a
format acceptable to the City on or before the tenth(10th)of each month during the term of the Contract.
Monthly Reports must contain at least the following information:
1) Number of Households served
2) Number of Commercial facilities served
3) Monthly tonnages by each category of service
• Page 37 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Residential MSW
Residential Recycling
Recycling tonnage from Stella Roberts Recycling Center
Residential Green Waste
Residential Bulk
Commercial
Roll Off
4)Residential Recycling Participation Rate
5) Customer complaints received by Contractor arranged and listed by category, including date,
address,complainant,nature of complaint and resolution.
6)As requested by the City, Contractor shall make available GPS tracking reports for residential
collection.
ANNUAL REPORTS
No later than thirty(30) calendar days after the end of each calendar year, Contractor shall submit to the
City an annual report covering the immediately preceding Contract year and include the following
information:
1) A collated summary of the information contained in the monthly reports, including
reconciliation of any and/or adjustments from prior reports.
2) A discussion of highlights and other noteworthy experiences, along with measures to
resolve problems,increase efficiency and increase participation.
3) A description of all public information programs undertaken with audiences reached
and media used.
4) A summary of all roll-off compactor maintenance or replacements provided through
the year.
All reports shall be submitted in an approved format to the addresses as the City may designate in writing.
If the report information is transmitted electronically, Contractor shall provide information in a format
that is compatible with the existing computer system at the City. The City may withhold payment of
balances due until said reports are received.
Page 38 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
K. COMPENSATION
Payments to the Contractor
The City shall provide billing and bill collection services for Residential Units during the term of
this Agreement.
(a) On the last business day of the month, the City shall provide Contractor the number of
residential units for which collection services were provided by the Contractor.
Contractor shall then submit to the City an invoice setting forth sums due by the City to
Contractor for services rendered to Residential Units under this Agreement. The City will
remit to Contractor payment for such services within thirty (30) days after receipt of
invoice.
(b) The City will notify Contractor in writing of any Residential Unit Customer that has
failed to pay the City for waste collection services, and Contractor,upon written direction
from City, shall cease servicing such delinquent Residential Unit until notified by the
City. Contractor shall have the right to cease servicing any Commercial Unit or
Industrial Unit that is delinquent in payment to Contractor.
(c) The Contractor shall provide billing and bill collection services to Commercial Units and
Industrial Units. The Contractor will be required to provide to the City, on a monthly
basis, a report showing the billings to Commercial Units and Industrial Units for the prior
month, including the services rendered, and the rate for such service.
The rates set forth in this Proposal are exclusive of the franchise fee. Contractor shall
pay to the City a franchise fee, the percentage to be determined by the City, as a percent
of the fees collected by the Contractor for Commercial Waste and Industrial Waste (the
"Franchise Fee").
The Contractor shall add the Franchise Fee to the rates charged by the Contractor to
Commercial and Industrial Customers. The Franchise Fee payments actually received by
Contractor shall be paid by the Contractor to the City within thirty(30) days after the last
day of the month of Contractor's actual receipt of such monies.
Page 39 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
LIQUIDATED DAMAGES
Acceptable performance standards include the provision of daily services on a timely basis with minimal
interruptions,the Contractor being environmentally responsible while providing the daily services and the
Contractor responding promptly to both residential and commercial customers.
In no event will Contractor be liable for Liquidated Damages unless such failure is caused by Contractor.
The Contract shall provide that the City may charge Liquidated Damages to Contractor in accordance
with the Summary of Liquidated Damages on a monthly basis in connection with the Contract and shall,
at the end of each month during the term of the Contract, notify Contractor in writing of the amount of
Liquidated Damages assessed for such month if any.
Public Works representatives, Utility Billing representatives and members of the City Management staff
will make recommendations to the City Attorney who will make the final decision and contact the
Contractor prior to assessing charges.
SUMMARY OF LIQUIDATED DAMAGES
The Contract will provide that the City may assess liquidated damages to Contractor as follows:
1. Missed collection: $25 per missed collection in excess of two(2)missed collections per day.A missed
collection occurs when a customer reports a missed collection,the address was not reported by Contractor
as an unacceptable set-out, and Contractor cannot provide data demonstrating collection vehicle traveled
on street and collections occurred on street during the day of the complaint.
2. Missed residential unit block: $500 per incident for Contractor failing to pick up material on a block
containing residential units.A missed residential unit block is where three(3)residential units on one side
of a street between cross streets, or an entire cul-de-sac report a missed collection. A missed residential
unit block occurs when the addresses reporting missed collections were not reported by Contractor as
unacceptable set-outs and Contractor cannot provide data demonstrating collection vehicle traveled on the
block during the day of the complaint.
3. Commencement of residential collection prior to 7:00 a.m., or operating within the City after 7:00
p.m. except as expressly permitted: $250 per route per occurrence
4. Failure to complete a majority(50%)of the collections on a given day: $2,500 each incident
5. Failure to maintain a vehicle in a manner consistent with the Contract: $100 each incident
6. Failure to clean up spilled Solid waste, resulting from loading and/or transporting within two (2)
hours of notification: $250 each incident.
7.Failure to.address complaints within one business day: $100 each incident.
8. Failure to submit an accurate Monthly or Annual report in the specified format, as required by the
contract: $250 per report per calendar day delinquent.
9. Failure to return carts and containers to approximately original collection location: $25 each incident.
10. Failure to leave a public education notice when material that is inappropriately prepared is not
collected: $100 each incident.
11. Failure to be prepared to perform services on or after the commencement date: $ 3,000 per
calendar day.
Page 40 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
MODIFICATION OF RATES
Base Rates charged by Contractor for services will remain fixed and will not be adjusted for changes in
the CPI (hereinafter defined) until October 1, 2022. Commencing on October 1, 2022, continuing
annually on each anniversary date of the Commencement Date of this Agreement,upon ninety(90) days
notice to the City, the Base Rates for services shall be adjusted by the same percentage as the Consumer
Price Index for All Urban Consumers (published by the United States Bureau of Labor Statistics,
Consumer Price Index, U.S. City Average, All Urban Consumers, Garbage and Trash Collection, Not
Seasonally Adjusted. Base Period December 1983=100) (the C.P.I.) shall have increased during the
preceding twelve months. In the event the U.S. Department of Labor,Bureau of Labor Statistics ceases to
publish the C.P.I, the parties hereto agree to substitute another equally authoritative measure of the
change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of
this provision. In any year where the adjustment would result in a downward adjustment, the adjustment
shall be zero percent(0%).
REGULATORY RATE ADJUSTMENT
The City will consider as a provision of the Contract the right for Contractor to petition the City at any
time for additional payment rate adjustments on the basis of certain unusual and unanticipated changes in
the cost of operations, including, but not limited to new or revised Federal or State laws, ordinances or
regulations that place a direct fee or tax per ton on municipal solid waste generated by the City. If the City
shall fail to approve such requested increase within thirty (30) days after receipt of such request,
Contractor shall have the right to terminate the Contract with 180 days'notice to the City.
Page 41 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
DEFENSE OF SUITS
If any action in court is brought against the City,or any officer or agent of the City,for the failure,
omission,or neglect of the Contractor to perform any of the covenants,acts,matters,or things under this
Contract;or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors
or his or their agents,or in connection with any claim based on lawful demands of subcontractors,
workmen,material men,or suppliers the Contractor shall indemnify and save harmless the City and its
officers and agents,from all losses,damages,costs,expenses,judgments,or decrees arising out of such
action.
INDEMNITY AND RELEASE
Contractor is solely responsible for and shall defend, indemnify, and hold city (or any of city's
representatives or employees),free and harmless from and against any and all claims,liabilities,demands,
losses, damages, costs or expense to all persons (including but not limited to reasonable attorneys' fees)
arising out of resulting from or occurring in connection with the performance of the work that is (i)
attributable to any bodily or personal injury, sickness, diseases or death of any person or any damage or
injury to or destruction of real or personal property (other than the work itself) including the loss of use
thereof, and (ii) caused in whole or in part by any negligent, strict liability or other act or omission of
contractor, any subcontractor or supplier, their respective agents or employees or any other party for
whom any of them may be liable regardless of whether such is caused in part by the negligent, strict
liability or other act or omission of a party or parties indemnified hereunder. Said indemnity and hold
harmless agreement shall also apply to claims arising from accidents to contractor, its agents or
employees, whether occasioned by contractor or its employees or by any other person or persons. The
foregoing indemnification obligation shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
PERFORMANCE BOND
A performance bond will be required in the amount of 100% of the annual value of the Contract which
will be determined upon award of the Contract and re-evaluated annually. This will be maintained and
renewed each year during the term of the Contract.Proof of renewal of the bond must be submitted to the
City prior to August 1 each year of the Contract. A sample of the required form is provided in Appendix
C.
Page 42 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
L. TABS
Page 43 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 1 -Past Performance and Experience
1. How many years has your organization been in business under your present business name?
(Minimum experience required—5 years in business with accounts of similar size) Under what other
or former names has your organization operated?
2.How many years of experience does your organization have in the collection and disposal of residential
garbage,yard waste,household hazardous waste,and recyclables?
3. Identify similar contracts that your organization has been awarded by municipal governments in Texas
in the last five years. If no new awards in the past five years, include references for existing contracts of
like-size(residential count)communities.
The list should reflect:
A. The name of the municipality and home count
B. The person to contact for reference information and that person's phone and email
C. The date the contract expires
D. The annual dollar value of the contract
4. With respect to any contracts in Texas, has your organization been terminated by a Municipality or
failed to complete any contract awarded to you prior to the end of the term of the contract?
5. Has your organization filed any lawsuits or requests for arbitration or mediation within the last five(5)
years with regard to any contract for services with a Texas governmental entity? If so, name the parties,
case number,and the court in which such suit is/are filed,and nature and present status of any proceeding
described above.
6. Has your organization been a defendant in any lawsuit or request for arbitration or mediation filed by a
Municipality with regard to a contract for such services within the last five(5)years? If so, state the case
number, names of the parties,the court in which the suit(s)is/are filed,and the present status of any such
proceeding.
7. Proposer acknowledges that the responses to this Questionnaire are material and important in
determining the most responsive and responsible Proposer and, further, that any omissions may result in
the rejection of any such Proposals.
Indicate your acknowledgment within your narrative in this Tab.
8. Identify any and all subcontractors proposed to be used under this Contract. Provide the name, location
and contact information for each subcontractor.
9.Explain what services will be provided by each subcontractor.
Page 44 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 2—Financial Qualifications
1. Briefly describe in a narrative format the proposer's financial condition,results of operations for
the last two fiscal years including known facts that could affect future performance. If the
company is publicly held, it is acceptable to attach in this section the most recent SEC required
Management Discussion and Analysis(MD&A).
2. Provide as an attachment within this tabbed section audited financial statements for the last two
fiscal years. For publicly held companies, provide most recent SEC 10K filings for the parent
organization.
Page 45 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 3—Facilities
Identification and location of the processing,composting,and disposal sites
List the name, location, and distance from the City of Pearland for the facilities proposed for use
in providing the services specified in the Contract using the format below.
Disposal Facility for MSW Collection: Location: Distance from City:
Disposal Facility for Resident Access: Location: Distance from City:
Green Waste/Brush Facility: Location: Distance from City:
Recycling MRF: Location: Distance from City:
Page 46 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Tab 3-A-Certification of Recycling Facility
Provide a copy of this form from each recycling facility to be used in the Contract.The form must
be signed by an officer or authorized representative of the recycling facility.
I acknowledge that (Name of Firm/Facility) shall be
responsible for processing Recyclables collected by the Contractor
under the City Contract.
I understand and agree that recyclables may not be deposited as Solid waste at a landfill or incinerator.
I understand and agree that the City shares no risk,expense,or profit for the marketing and transport of
the processed materials and/or the product.
I certify that the processing system of (Name of Firm/Facility)
is capable of accepting the following materials for single-stream recycling: mixed waste paper(including
corrugated cardboard, newspaper,junk mail,phone books, beverage packaging, cereal boxes, chipboard,
envelopes, magazines etc.) slick or glossy news print inserts, bagged shredded paper, tin cans (fruit and
vegetable cans), aluminum cans, plastic containers -# 1,2,3,4,5 & 7, clear, blue,brown, and green glass
bottles; and processing the Recyclables to the degree necessary to be marketable. I certify that the
processing system of (Name of Firm/Facility) has sufficient
capacity to receive,process,and store all materials collected in one week.
I agree that the City may visit and inspect_ (Name of
Firm/Facility)at any time given reasonable notice.
Please check the appropriate box:❑Corporation 0 Partnership 0 Sole Proprietor
Name of Firm Phone
Address Email
Type or Print Name and Title Attest:
Signature Date:
Page 47 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Form 3-B-Certification of Disposal Facility
Provide a copy of this form from each disposal facility to be used in the Contract. The form must be
signed by an officer or authorized representative of the disposal facility.
I acknowledge that (Name of Firm/Facility) shall be
responsible for disposing Municipal Waste collected by Contractor
under the City of Contract.
I understand and agree that the City of shares no risk, expense for the disposal of the
materials delivered by Contractor
I certify that the disposal system of (Name of
Firm/Facility) is permitted to accept municipal solid waste under the operating permit issued by the State
of Texas,#
I certify that the disposal facility of (Name of Firm/Facility)
has sufficient capacity to receive and dispose of, all municipal solid waste collected on a daily, weekly,
monthly and annual basis under the City of Contract.
I agree that the City of may visit and inspect (Name of
Firm/Facility)at any time given reasonable notice.
Please check the appropriate box: ❑Corporation ❑Partnership ❑Sole. Proprietor 0 Limited Liability
Company 0 Other:
Name of Firm Phone
Address Email
Type or Print Name and Title Attest:
Signature Date:
Page 48 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 4-Experience of Personnel
1. Provide a list of personnel in key positions (including those of subcontractors) and attach one
copy of the Summary of Qualifications form(see next page)for each person so identified.
List, and prepare the Summary of Qualifications for the General Manager, Operations Manager,
Route Supervisor, Maintenance Manager, Customer Service Manager and any other relevant
personnel.
2. The City expects to communicate directly with one individual designated for ultimate
responsibility for the Contract. The City will be notified immediately of any changes to this
information.
3. Provide, along with the Summary of Qualifications, all of the following information for this
designated person:
Mailing Address:
Direct Phone
Mobile phone:
Email:
3. How does the Contractor deal with replacing key personnel who leave?
4. Describe in detail the categories of employees, the number within each category, and the
anticipated standard number of workdays and hours for each category anticipated for the
successful implementation of the Contract. (include and identify sub-contractors) (Example,
drivers/helpers/customer service/billing/mechanics,etc.)
5. Describe which service will be provided by a regional or centralized source. (Example Human
Resources, Customer Service, Billing, etc.) Identify the location and give a detailed narrative of
how those services will be provided under the City's contract.
6. Explain the current screening mechanisms used by the company for applicants and also ongoing
programs for employees(i.e.,drug and alcohol,etc.)Do these apply to subcontractors?
7. Describe in detail Contractor's employee/driver training program.
8. What steps will Contractor take to inform City staff about the specific requirements of this
Contract?Please provide details by category of personnel.
Page 49 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal 'I ab 4-Experience of Personnel(continued)
Summary of Qualifications Form
Complete one separate form for each Manager and Supervisor listed in Proposal Tab 4, listing his/ her
experience during the past five years,
Please note the Manager and Supervisor who will be assigned to the City of Pearland if your firm is
awarded the contract.
Name:
Position:
A. Describe the individual's direct experience in planning and implementing residential refuse,
yard waste and marketing programs.
B. List the individual's industry training and/or certifications attained.
C. Provide a detailed record of the individual's operational experience indicating at least five
years of experience in the collection of refuse, yard waste, and recyclables, either for a
municipality or other government entity.
D. Where appropriate, describe the individual's experience in hiring, training the workforce to
perform the work.
Page 50 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 5—Equipment
No vehicle used in servicing this Contract shall be more than four(4)years old as of October 1,2021, or
the date service commences under the Contract, whichever comes first. Any vehicle reaching ten (10)
years of age during the term of this Contract shall be taken out of service for purposes of the Contract's
services in compliance with the Contract so that at all times no vehicle older than ten years operates on
the City's streets.
1 Using the template below as a guide, list the vehicle information for each service category
indicating how many front-line route trucks will be used each week. This is not to reflect an
equipment list of all of the equipment available on Contractor's facility.
Indicate the number of each model and make listed; if they are currently owned; if on-site at the
hauler's location; the License number's and any company vehicle id#; and the date of delivery if
not currently owned or on-site. The information provided on this form demonstrates Contractor's
qualifications and ability to perform the required services by having sufficient vehicle inventory.
Demonstration of inventory can be established by current ownership of the vehicles with license#
or vehicle id#; or, when vehicles are to be purchased, by attaching to the completed form
documentation signed by the manufacturer or dealer demonstrating Contractor's option to buy if
awarded the contract and promised delivery date for the vehicles identified on the form. Under
each category of vehicle,list the Spare unit(s)available(see 3,below).
Residential MSW
Service Chassis Body Now Now Anticipated
Type Make/Model/Yr Make. Owned On- Delivery
Model/Yr Site Date
Residential Recycling
Service Chassis Body Now Now Anticipated
Type Make/Model/Yr Make Owned On- Delivery
Model/Yr Site Date
Residential Yard Waste/Compost
Service Chassis Body Now Now Anticipated
Type Make/Model/Yr Make Owned On- Delivery
Model/Yr Site Date
Page 51 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Residential Bulk Collection(Grapple and/or Rear Load)
Service Chassis Body Now Now Anticipated
Type Make/Model/Yr Make Owned On- Delivery
Model/Yr Site Date
Commercial FEL Collection
Service Chassis Body Now Now Anticipated
Type Make/Model/Yr Make Owned On- Delivery
Model/Yr Site Date
Roll-Off Container Collection
Service Chassis Body Now Now Anticipated
Type Make/Model/Yr Make Owned On- Delivery
Model/Yr Site Date
2. State Contractor's procedures and schedule for routine vehicle inspections. Describe
arrangements and schedules for preventative maintenance. Specify any services subcontracted
and to whom.
3. State arrangement and schedule for vehicle repair. List number and types of standby collection
vehicles, if any, Contractor could temporarily provide in the event of a major vehicle malfunction
or repair.
4. List Contractor's procedures to be used to deal with equipment breakdowns. Describe for pre-
route breakdowns and on-route breakdowns.Use additional pages or attachments if necessary.
Page 52 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 6-Operational Plan and Safety Record Report
Include a detailed narrative explaining:
1. How the Contractor intends to provide service for the normal collection of garbage. Indicate how
many vehicles will be used each day,expected start and end times,crew size,etc.
2. Describe Contractor's proposed method of collection for Brush and Bulky Items demonstrating
the benefits of their approach. Indicate how many vehicles will be used each day, expected start
and end times,crew size,etc.
3. List Contractor's procedures and amount of time to promptly respond to and resolve problems
that are communicated to Contractor by the City.
4. Explain how Contractor will utilize its GPS tracking system to deal with issues such as missed
pickups, blocked carts/containers, contamination or excess waste, and how this system will be
utilized to provide timely reports to the City regarding these issues.
5. Describe Contractor's procedures to be used by the City to schedule and assure reliable container
delivery for new locations and special event collections.
6. Describe in detail Contractor's safety and environmental management contingency plan,
including time frame and procedures, to deal with the following issues and events; spillage,
hydraulic line breaks, vehicle fires, etc. Include means and methods of notification to the City,
regulatory agencies,emergency response teams,etc.
7. Describe in detail Contractor's procedures for dealing with motor vehicle accidents and events.
Include means and methods of notification to the City, law enforcement, and regulatory agencies,
emergency response teams,etc.
8. Provide a detailed environmental regulatory compliance history for the past five years in Texas. If
the company is a corporation,provide data for the operation which will directly provide services.
Include all Texas Notices of Violations and resolutions; Consent Orders and Agreements; Civil
and Criminal Actions and Penalties.
9. Provide the OSHA TRIR (Total Recordable Incident Rate) and DART (Days away from work)
scores for the division that will be responsible for the collection activity in the City. These scores
will allow the scoring committee to compare your firm's injury rates to other firms in the same
business,in the same locale.
TRIR — Total number of Recordable Cases x 200,000/divided by total hours worked by all
employees during the year covered.
DART—Number of CASES with days away from work x 200,000/divided by total hours worked
by all employees during the year covered.
Page 53 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 7-Transition Plan
Proposer must describe the following:
A. Individual or group of individuals that will oversee the execution of the Transition Plan.
B. The proposed approach, including equipment, personnel, and schedule, for delivering Carts,
Dumpster and Roll-off containers to Customers. Proposers shall also describe how the
delivery of equipment will be conducted in coordination with the removal of the existing
equipment used by the current provider(should this occur).
C. A detailed schedule for the transition.
D. Proposed strategies for Customer communication regarding the transition of service
providers. Customer communication will begin no later than sixty (60) days prior to the
initiation of service.
Use additional pages as required.
Page 54 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 8—Rates and Services
All rates related to the work to be performed shall be reflected within Proposal Tab 8; additional
rates, fees or service charges placed within the narrative of the proposal will not be considered as
part of the Rates Proposed.Rates must also be keyed in the"Line Items"tab of the e-bid system for
the RFP.
Important Note:
All fees submitted for services will exclude any franchise fees.
There are no additional fees (fuel adjustments, etc.) to be considered other than those presented in
Proposal Tab 8; the recovery of fuel expenses is to be included in the rate(s)proposed.
Residential—Option 1
MSW collection twice time per week in bags (max. 8 per collection)
Price per home per month
Recycling collection one time per week with cart(all items in the cart)
Price per home per month
Brush and/or Bulky materials collection one time per week(2 cubic yard limit)
Price per home per month
Collection Rates for Unusual Accumulation Waste Collection
Rate per hour for Vehicle(any type) and Crew
Disposal fee per yard collected
Small Commercial with bags and bundled brush
Once per week collection
Twice per week collection
One 95-gallon Cart once per week for Recycling
Residential—Option 2
MSW collection one time per week with 95-Gallon cart(all items in the cart)
Price per home per month
Recycling collection one time per week with 95-gallon cart(all items in the cart)
Price per home per month
Brush and/or Bulky materials collection one time per week(2 cubic yard limit)
Price per home per month
Page 55 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Extra Service Pink Tags(supplied by Contractor)
Price per collected bag
Rate for each additional Solid Waste cart per residence
Price per home per month
Rate for each additional Recycling cart per residence
Price per home per month
Rate for Replacement Cart(either service)
Price per replacement
Collection Rates for Unusual Accumulation Waste Collection
Rate per hour for Vehicle(any type) and Crew
Disposal fee per yard collected
Small Commercial with Contractor-supplied 95 Rallon Poly Carts
One 95-gallon Cart once per week for MSW
One 95-gallon Cart twice per week for MSW
One 95-gallon Cart once per week for Recycling
Residential—Option 3
MSW collection two times per week with 95-Gallon cart(all items in the cart)
Price per home per month
Recycling collection one time per week with 95-gallon cart(all items in the cart)
Price per home per month
Brush and/or Bulky materials collection one time per week(2 cubic yard limit)
Price per home per month
Extra Service Pink Tags(supplied by Contractor)
Price per collected bag
Rate for each additional Solid Waste cart per residence
Price per home per month
Rate for each additional Recycling cart per residence
Price per home per month
Rate for Replacement Cart(either service)
Price per replacement
Page 56 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Collection Rates for Unusual Accumulation Waste Collection
Rate per hour for Vehicle(any type) and Crew
Disposal fee per yard collected
Small Commercial with Contractor-supplied 95,zallon Pole Carts
One 95-gallon Cart once per week for MSW
One 95-gallon Cart twice per week for MSW
One 95-gallon Cart once per week for Recycling
Commercial Front Load Rates
Important Note:All fees submitted for services will exclude any franchise fees.
Rates reflect all charges that will be assessed
Contractor will bill all Commercial and Roll-Off
FEL—include all disposal costs
Size lx 2x 3x 4x 5x 6x extra p/up
2 yard
3 yard
4 yard
6 yard
8 yard
Casters(fee per month per container)
Locks(fee per collection per container)
Enclosures(fee per collection per container)
Page 57 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Roll-Off Containers
Important Note: All fees submitted for services will exclude any franchise fees.
Rates reflect all charges that will be assessed
Roll-Off—Temp—EXCLUSIVE TO CONTRACTOR
Delivery Daily Rental Haul Rate Disposal
per Ton*
20 yard
30 yard
40 yard
Roll-Off—Permanent-EXCLUSIVE TO CONTRACTOR
Delivery Daily Rental Haul Rate Disposal
per Ton*
20 yard
30 yard
40 yard
Roll-Off—Compactor—EXCLUSIVE TO CONTRACTOR
Monthly Haul Rate Disposal
Rental per Ton*
15ydSC**
20ydSC**
25 yd SC**
30 yd SC**
35 yd SC**
40 yd
Receiving
Container***
* Submit a flat rate for each ton(not a discounted rate for initial tons with an increase in rates for tons
over a certain amount)
**On Self-Contained Compactor units,show the Monthly Rental as the fee per month for the compacting
/container unit.
***On Stationary Compactors put in a Monthly Rental cost for the Receiving Container only.Do not
show a rate for the compactor,itself The rate for the Stationary Compactor will be negotiated between
the hauling company and the waste generator.
Page 58 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Additional Items
For Residential Collection Option 1
Additional Green Waste collection one time per week
Price per home per month
For Residential Collection Option 2
MSW collection one time per week with 65-Gallon cart(all items in the cart)
Price per home per month
Additional Green Waste collection one time per week
Price per home per month
For Residential Collection Option 3
MSW collection two times per week with 65-Gallon cart(all items in the cart)
Price per home per month
Additional Green Waste collection one time per week for this Option 3
Price per home per month
Contract Term change to seven(7)year Initial Term with potential three(3)year
Extension. Adjust Overall Rates for all service by a reduction of %.
Landfill Use for MSW Disposal:
If the City opts to have all waste directed to a landfill other than Blue Ridge Landfill,indicate the overall
percentage of change to the rates proposed to reflect any cost adjustments required.
Using a landfill other than Blue Ridge Landfill will adjust rates by %(indicate up or
down).
Acceptable Percentage of Contamination in a load of Recycling Materials %.
Household Hazardous Waste Collection From Recycling Center
Price per pound
Page 59 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 9—Alternate Collection Method(only after proposing the Base Options)
Describe in detail any alternate methods of collection incorporating rates proposed for the Alternate
Method.
Use additional pages as required.
Page 60 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Tab 10—Exceptions to the Contract provided
It is the City's intention to utilize the contract provided(service specifications to be added in accordance
with the RFP after Council selects Option 1,2 or 3).
Note that excessive Exceptions to the agreement may negatively affect the Proposer's overall score.
Use additional pages as required.
Page 61 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
N. APPENDICES
Page 62 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
APPENDIX A: City Facilities
Keep Pearland Beautiful coordinates the following events:
• Community Clean-Up Days,twice per year
• Keep Pearland Beautiful Trash Day
City Facilities Roll-Off Services
Service Name Street Qty Size Average Hauls Per Month
Stella Roberts Recycle Ctr 5800 Magnolia Dr 1 40 C 4
Event Port- ADA POLs Handwash 4 yard FEL
o-Lets Stations
Trick or Treat Trail 8 2 2
Winter Fest 14 5 4 4
Paws in the Park 3 1 1
4'of July Celebration 14 4 4
Christmas Tree Lighting 12 4 2
Christmas Parade 9 3 3 1
Four Park Events
Page 63 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Facility Name Number Address Qty Size&Frequency
CoP-Animal Control 2002 OLD ALVIN RD 1 3 YD FEL 1X WK _ _ _
CoP'-Barry Rose Reclamation Facility 1902 BARRY ROSE RD 1 4 YD FEL 1X WK
CoP-Centennial Park 3101 MCLEAN RD 2 6 YD FEL 3X WK
CoP-Centennial Park 3101 MCLEAN RD 1 8 YD FEL 1X WK
CoP-City Hall/City Hall Annex 3519 LIBERTY DR 1 8 YD FEL 3X WK
CoP-City Hall/City Hall Annex 3519 LIBERTY DR 1 8 YD FEL RCY 1X WK
CoP-David L.Smith Fire Admin Bldg. 2703 VETERANS DR 1 8 YD FEL 2X WK
CoP-Delores Fenwick Nature Center 5750 MAGNOLIA PKWY 1 2 YD FEL 1X WK
CoP-Fire Station#1(1571 Old Alvin Rd,Pearland,77581'1571 OLD ALVIN RD 1 4 YD FEL 1X WK
CoP-Fire Station#2 6050 FITE RD 1 4 YD FEL 1X WK
CoP-Fire Station#3 3207 YOST BLVD 1 4 YD FEL 1X WK
CoP-Fire Station#4 8333 FREEDOM DR 1 8 YD FEL 5X WK
CoP-Fire Station#5 3100 KIRBY 1 4 YD FEL 1X WK
CoP-Fire Station#8(Summer 2020) 12255 SHADOW CREEK PKWY 1 4 YD FEL 1X WK
CoP-Hickory Slough Complex 7600 Hickory Slough 1 6 YD FEL 1X WK
CoP-Hillhouse Annex(2559 Hillhouse) 2557 HILLHOUSE RD 1 6 YD FEL 1X WK
CoP-Independence Park 3519 LIBERTY DR 1 6 YD FEL 3X WK
CoP-Independence Park 3913 LIBERTY DR 1 6 YD FEL 3X WK
CoP-JHEC Reclamation Facility 5900 MAGNOLIA 1 6 YD FEL 1X WK
CoP-JHEC Reclamation Facility 5900 MAGNOLIA 1 8 YD FEL 1X WK _
CoP-Longwood Reclamation Facility(2727 Dixie Fm Rd) 16513 LONGWOOD 1 3 YD FEL 1X WK _
CoP-Magnolia Water Plant 3812 MAGNOLIA 1 2 YD FEL 1X WK
CoP-Melvin Knapp Activity Center 2425 S GRAND BLVD 1 6 YD FEL 2X WK
CoP-Melvin Knapp Activity Center 2425 S GRAND BLVD 2 96 GAL REL RCY TOT PER
CoP-Public Safety Bldg 2555 CULLEN PKWY 1 8 YD FEL 5X WK
CoP-Public Safety Bldg 2555 CULLEN PKWY 1 8 YD FEL RCY 1X WK
CoP-Public Works Service Center 3501 E ORANGE ST 1 8 YD FEL 3X WK
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 3 YD FEL 3X WK
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 40 Yard R/Off 1 x per month
CoP-Public Works Service Center 2012 OLD ALVIN RD 1 40 Yard R/Off 1 x per month
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 3 YD FEL 2X WK
CoP-Public Works Service Center 3501 E ORANGE ST 1 6 YD FEL 3X WK
CoP-Public Works Service Center 3501 E ORANGE ST 3 3 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 8 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 6 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 8 YD FEL RCY 1X WK
CoP-Shadow Creek Ranch Sports Complex 13050 SHADOW CREEK PKWY 1 4 YD FEL 2X WK
CoP-Southdown Reclamation Facility 3711 SOHO DR 2 4 YD FEL 1X WK
CoP-Tom Reid Library 3522 LIBERTY DR 1 4 YD FEL 1X WK
CoP-Tom Reid Library 3522 LIBERTY DR 1 4 YD FEL RCY 1X WK
CoP-Westside Event Center 2150 COUNTRY PLACE PKWY .1 6 YD FEL 1X WK
CoP-Westside Event Center 2150 COUNTRY PLACE PKWY 1 96 GAL REL RCY TOT PER
Page 64 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
APPENDIX B: Tonnage Reports
(FY2019)
Month Residential Residential Residential
plus Brush/Bulk Recycle
Commercial Tons Tons
Tons
JANUARY 6467 368 741
FEBRUARY 5489 327 584
MARCH 6545 450 699
APRIL 6496 441 783
MAY 7109 441 771
JUNE 6269 369 814
J U LY 6423 416 814
AUGUST 6275 404 703
SEPTEMBER 5767 360 684
OCTOBER 6371 328 659
NOVEMBER 6101 323 649
DECEMBER 6069 297 683
TOTALS 75381 4524 8584
Household Hazardous Waste Tonnage for FY 2017, FY 2018 and FY 2019
(From All Sources)
2017 62 Tons
2018 100 Tons
2019 84 Tons
Page 65 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
APPENDIX C:Performance Bond Form
STATE OF TEXAS§
COUNTY OF BRAZORIA§
KNOW ALL MEN BY THESE PRESENTS: that ("Contractor"),
as principal, and ("Surety") authorized under the laws of the State of
Texas to act as surety on bonds for principals, are held and firmly bound unto the City of
,Texas(City),in the sum of_ dollars($ )as an appropriate
measure of liquidated damages for the payment whereof,the said Principal and Surety bind themselves,
and their heirs,administrators,executors,successors and assigns,jointly and severally,by these presents:
WHEREAS, the Principal has entered into a certain written contract with the City, dated the_
day of , 2020, for which contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall faithfully perform the work in accordance with the specifications, and contract documents
and shall fully indemnify and save harmless City from all costs and damages which City may suffer by
reason of Principals default,and reimburse and repay City all outlay and expense which.City may incur in
making good such default,then this obligation shall be void; otherwise to remain in full force and effect.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed thereunder, or the plans, specification, or
drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or
to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of , 2020.
Principal
Surety
By By
Title Title
Address Address
The name and address of the Resident Agent of Surety is:
Page 66 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
APPENDIX D: Specifications For 95 Gallon Refuse Containers
Vendors shall provide certification that the cart provided to the City is an injection-molded rollout
container that contains two (2) hinge pins, two (2) plastic wheel assemblies, a solid steel axle, and is
compatible with both fully and semi-automated arm lifter systems with a capacity of 95-gallons.
Carts must be assembled and manufactured in the USA.
The container must comply with ANSI Z245.30-2008 and ANSI Z245.60-2008 standards for Container
Safety and Compatibility Requirements. Per the ANSI Z245.30-2008 Standard, the rollout refuse
container must accommodate a load of 335 lbs.
The container body will be injection-molded from High-Density Polyethylene (HDPE). The interior will
be free of crevices and recesses where refuse could become trapped. The handles will be integrally
molded into the container body at the top rim. The bottom of the container will have dual molded-in wear
ridges that extend both around its perimeter and around the center of the container bottom to provide
additional protection against abrasive wear. The inside bottom of the container will have cylindrical-
shaped energy-absorbing detail,approximately 7"in diameter.
The container lid will be injection-molded from HDPE and attached to the container body using two (2)
HDPE snap-lock hinge pins and rotates freely about the hinge a full 270 degrees. The lid will be molded
with a hand-hold lip that extends across the full width of the front of the lid and wraps around both
corners.
A solid steel axle will have a 27/32" diameter that is zinc plated to protect against rust and corrosion. 10"
wheels will be injection-molded and snap-on with an integrated spacer.
The product must be warranted for ten(10)years from the date of purchase.
Markings for both MSW and Recycling Carts:
a. "City of Pearland" or City of Pearland logo and Vendor Name and/or Logo hot stamped in
white letters,that is to be water-resistant,approximately 1" in height on one side.
b. A 6 - 8 digit inventory number, including a manufactured month and year code, shall be hot
stamped in white,that is to be water-resistant and approximately 1" in height on the same
side as(a)above.
Recycling Carts shall be marked clearly differentiating the cart for the purpose of
recycling. The Contractor may elect to use the same lower body color as the MSW cart,
but with a different color lid, or a completely different color for the cart body and lid.
The lid shall be hot stamped with appropriate instructions for the resident
regarding acceptable items for recycling.
Page 67 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
APPENDIX E: Current Front-End Load Container Matrix
Size lx 2x 3x 4x 5x 6x Extra
2 yd price 71.71 104.59 137.44 170.81 42.62
Quantity 105 14 1
3 yd price 87.29 132.24 177.18 222.13 48.58
Quantity 56 21 11 2
4 yd price 101.12 154.71 208.31 261.92 315.53 368.11 51.93
Quantity 118 35 15 8 3 4
6 yd price 125.35 206.56 262.13 348.68 435.18 521.71 58.62
Quantity 90 68 44 12 15 9
8 yd price 147.80 253.24 348.67 464.03 579.42 694.75 67.01
Quantity 96 126 143 56 80 34
10 yd price 906.01
Quantity 2
2 yard
compactor
Quantity 2
4 yard
compactor
Quantity 1 1
6 yard
compactor
Quantity 3
Casters: 15.42 per month Locks: 7.74 per month Roll-Out(per occurrence) 16.97
Small Commercial with Carts
1 x week 37
2 x week 23
There are 48 hand-collect accounts that will need to be converted to Carts, 1 x per week
1 x week carts for Recycling 5
Page 68 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Roll-Off Matrix—Temp
Qty Avg.# Avg.# Delivery Rental Haul
Hauls/month Tons/Haul (Daily) (including
disposal)
20 yard 0 0 0 0 0 0
30 yard 3 3 4 71.33. 5.14 435.95
40 yard 3 3 6 71.33 5.14 476.83
Roll-Off Matrix—Permanent
Qty Avg.# Avg.# Delivery Rental Haul
Hauls/month Tons/Haul (Daily) (including
disposal)
20 yard 0 0 0 0 0 0
30 yard 6 5 4 71.33 5.14 435.95
40 yard 9 9 3 71.33 5.14 476.83
Current Roll-Off Matrix—Compactor
Qty Avg.# Avg.# Haul
Hauls/month Tons/Haul (including
disposal)
30 yd SC 10 22 5 459.86
32 yd SC 1 4 3 467.23
35 yd SC 6 9 7 474.39
40 yd Rec. 15 23 6 486.08
Container
Page 69 of 70
City of Pearland, Texas Request for Proposal Contractor's Initial
Exhibit C
Proposal Process Schedule Pearland
Proposed Days Between
Action Date Events
New Contract Begins Friday,October 1,2021 183
Begin to Notify Customers of Possible New Vendor and Service Thursday,April 1,2021 160
Changes
Complete negotiations Friday,October 23,2020 4
Commence Final Negotiations Monday,October 19,2020 7
Approval of award by City Council 19
Sucessful Firm and others notified of award Wednesday,September 23,2020 1
Decision Made Tuesday,September 22,2020 6
Complete Interviews Wednesday,September 16,2020 2
Start Interviews and reference checks Monday,September 14,2020 7
Complete Evaluations and notify interviewees Monday,September 7,2020 11
Sealed Proposals Due Thursday,August 27,2020 24
Proposer questions deadline Monday,August 3,2020 7
Pre-proposal meeting Monday,July 27,2020 12
RFP on Website and Mailed to Proposers ednesday,July 15,2020 53
Final draft of RFP Prepared Saturday,May 23,2020 62
Complete review draft RFP by legal,purchasing,etc. Sunday,March 22,2020 62
Prepare Draft RFP Monday,January 20,2020 60
Pre RFP Development Meetings Thursday,November 21,2019 0
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Discussion and
Recommendation
12 October 2020 0, No pt,
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Presentation Outline peadand'°,o„
> RFP Timeline
> RFP Evaluation Process Eisikaftw,‘
Franchise Fee
> Service Options �• 'r�
> RFPCostSummary
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Recommendation
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RFP Timeline r5, ,s,.
pearlandtx.gov
RFP Posted
Solid Waste Finalist
RFP Closed Interviews Completed
July October
15 - 26
September October
3 2
Council Award Solid
August September October Waste Contract
6 18 12
Pre-Proposal RFP Reviews
Mandatory Completed by Council
Discussion &
Meeting Multi-Division Staff Recommendatio
Members
n
p, 9
Solid Waste Pro osers
p pearlandtx.gov
5 PROPOSALS SUBMITTED
• Waste Management 3 PPS-PECTS INTERVIEWED
• FCC • Waste Management
• Frontier Waste Solutions • FCC
• WCA • Frontier Waste Solutions
• Waste Connections
Team of 7 evaluators from multiple City of Pearland Departments
(Public Works Management, Environmental Services, Code
Enforcement, Utility Billing, Finance, and City Management) and a
representative from Solid Waste Specialists consulting.
",„
Solid Waste RFP Evaluation Process 5.
pearlandtx.gov
2 Step Process
Step 1 :
• 7-member team independently evaluated and scored each proposal based on
the criteria set in the RFP without cost information
• Focus on operational plan, transition plan, customer service, and reporting
• Cost scores were added
• Developed consensus on firms to interview
Step 2:
• Interviews provided the evaluating team an opportunity to ask questions of
proposers to clarify and elaborate on points of focus
• Evaluation team scored the interviews
• Evaluation team convened and there was a clear consensus as
to the selection of the solid waste provider that best fit the City's needs.
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Franchise Fees tr).
pearlandtx.gov
Service Current Fee Proposed Fee
Residential 15% 15%
Commercial/Industrial 18% 15%
❖ More equitable distribution
❖ Easier to administer
❖ Small impact on the General Fund (<$120,000)
6
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Residential Service Options pearlandtx.gov
OPTIONS TRASH RECYCLE BULK/BRUSH Cost per Total City
SERVICE SERVICE SERVICE Month* Annual Cost*
Option 1 Bags — Cart - 1 x/week 1 x/week $20.78 $8,777,472
(current) 2x/week
Option 2 Cart — Cart — 1 x/week 1 x/week $16.58 $7,003,392
1 x/week
Option 3 Cart — Cart — 1 x/week 1 x/week $19.77 $8,350,848
2x/week
* Based on FWS Proposal
Additional Services:
❖ `Pink tag' service ($0.65/tag) for residents to purchase for
additional bags that exceed the capacity of the 96-gallon cart.
❖ A second 96-gallon cart ($7.01 per month).
❖ Senior/Disabled persons door service. 7
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Recommendation is Option 2 pearlandtx.gov
- Option 3 (cart 2x/week) is 19% higher than Option 2 (cart lx/week)
- 81 % respondents surveyed preferred carts opposed to bags due to animals/birds;
- Carts environmentally and aesthetically better than bags;
- Reduced wear and tear on City streets;
- Small number of residents and instances requiring additional capacity can purchase
low cost 'pink tags' ($0.65/tag) or pay for an additional cart ($7.01 /month).
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Residential Service Options
pearlandtx.gov
Other changes/items of note :
• Green waste will be collected with brush/bulk pickup —
current service is bagged separately
• MSW will not be taken to landfills within or adjacent to
Pearland
• With Option 2 — ( Ix/week) trash , recycling ,
bulk/brush/green waste will all be picked up on the
same day
• 5-Year contract with an optional 5-year renewal
• Liquidated Damages in the contract
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Solid Waste RFP S co ri n r,r.
g pearlandtx.gov
Waste
Frontier Waste Management of
FIRM NAME Solutions (FWS) FCC SA Texas
O•tion 2 Annual Pricin• $9,850 284 $11,544,732 $11,704,644
EVALUATION CRITERIA POINTS
Competitive Cost of Proposal Option 2 35 pts 33.61 28.67 28.28
Compliance. Clarity of Proposal - Minimal
Exceptions to RFP and to Contract 5 pts 4.25 4.79 4.14
Experience Providing Like-Services to Like-
Sized Cities 5 pts 2.29 3.96 _ 4.64
Strength of Personnel at the Hauling
Division 5 pts 3.57 3.82 4.14
Operational Plan in Narrative Format 15 pts 12.36 13.71 13.43
Transition Plan to New Vendor and/or
Service Model 20 pts 17.14 17.68 18.57
Customer Service, Contract Compliance
Reporting, the Use of GPS & Support 10 pts 8.57 9.14 7.79
Financial Strength of Proposer 5_p_ts 3.00 4.00 3.00
Interview Scores 50 pts 45.43 44.43 35.71
TOTAL POINTS 130.22 130.21 1 119.71
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Residential RFP Cost Analysispearlandtx.gov
Solid Waste & Recycling Costs Per Household Per Month
Current Cost
O •tion startin• 10/1/2020 O •tion 2 Recommended
Company WM FWS FCC WM
Base Rate $ 17.20 $ 13.32 $ 16.32 $ 17.34
15% Franchise Included $ 2.00 $ 2.45 $ 2.60
Admin Fee $ 1.00 $ - $ - $ -
Subtotal $ 18.20 $ 15.32 $ 18.77 $ 19.94
Tax $ 1.50 $ 1 .26 $ 1 .55 $ 1 .65
Total $ 19. 70 $ 16.58 $ 20.32 $ 21 .59
1
Residential RFP Cost Anal pearlandtx.gov
Based on 35,200 households:
Solid Waste & Rec cling City-Wide — Annual Cost
O•tion Current Cost O•tion 2 Recommended
Company WM FWS FCC WM
Base Rate $ 605,440 $ 468,864 $ 574,464 $ 610,368
15% Franchise Included $ 70,400 $ 86,240 $ 91 ,520
Admin Fee $ 35,200 $ - $ - $ -
Subtotal $ 640,640 $ 539,264 $ 660,704 $ 701 ,888
Tax $ 52,800 $ 44,352 $ 54,560 $ 58,080
Monthly Total $ 693,440 $ 583,616 $ 715,264 $ 759,968
Annual Total $ 8,321,280 ; $ 7,003,392 $ 8,583,168 $ 9,119,616 12
Commercial RFP Cost Analysispearlandtx.gov
Solid Waste Commercial Service Cost
Company WM (Current) WS WM FCC
Monthly Cost $ 350,124 $ 328,261 $ 340,859 $ 363,872
Annual Cost $ 4,201 ,488 $ 3,939,132 $ 4,090,308 $ 4,366,464
• Above costs do not include franchise fees or taxes
• All commercial customers will receive new dumpsters
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Recommendation pearlandtx g
ov
The RFP review team recommends
Frontier Waste Solutions ( FWS ) as
the highest ranked firm providing the
best value to the City of Pearland .
��' FRONTIER
- ,
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` � ' - ° VIASTE SOLUTIONS
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Frontier Waste Solutions s
pearlandtx.gov
• Serve over 125,000 residential customers in Texas
• 2017 merger of solid waste companies in business for over 23 years
— LT's Garbage service (1993) acquired by K2 Waste Solutions in 2015; K2
Waste Solutions merged into Frontier K2 (FWS) (2017)
• Owners are very experienced with starting service and
operating in cities as large or larger than Pearland
• Have shown the financing commitments to invest over $ 1 OM (20
trucks & 70,000+ carts) for Pearland
• Have shown the commitments of truck, cart, and container
manufacturers to meet the schedule
• Flexibility — Local operation , dedicated local customer service,
customer focused technology (customized and timely reporting)
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pearlandtx.gov
; �.R�q � Local Facility ,
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• Will house fleet & equipment
.• • Customer Service & Operational Personnel
• Fleet Maintenance
Preference to hire locally
Customer Service
4/h% _ • Dedicated Representatives will only support
Pearland residents 1110 • Residents can download app to request
services and get up-to-date notifications
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r Technology jr
,, `: • Trac EZ — live interactive issues tracking; City access;
R al 'h►.:_, ', Reports at fingertips for daily, weekly, monthly metrics
c ' Y' t!,' • Frontier app for residents — schedule pick-ups/report
s. v, i)) �. . e, an issue/get notifications
P • GIS — tracking of trucks; City access
References
r-, 1 kji • Smooth and seamless transition
�� • Customer service is great
�� • Frontier treated th mkvilll
e like they were the only customer
• Little to no issues; when arise, Frontier responds
i quickly
olid Waste RFP Discussion : Decisions iii.,
for Toni • ht pearlandtx.gov
1 . Select Service Option
2 . Confirm the Franchise Fee
3 . Solid Waste Provider
Recommendation
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R V
SOLID WASTE SERVICES CONTRACT
This Solid Waste, Construction and Demolition Debris, and Recyclable Materials Collection,
Transportation,Disposal, and Processing Contract("Contract"),is entered as of the Effective Date by and
between the City of Pearland, Texas, a Texas home rule municipality (hereinafter called "City"), and
Frontier K2,LLC,a Texas limited liability company-qualified to do and actually doing business in the State
of Texas(hereinafter called"Contractor"),acting by and through their duly qualified representatives.(City
and Contractor collectively referred to herein as"Parties"and individually as"Party")
RECITALS
WHEREAS,the City has found and determined that the public health and safety of the City will
be promoted and preserved by establishing an arrangement for the collection,transportation, and disposal
of solid waste kept and accumulated by residential and multi-family neighborhoods;and
WHEREAS, Contractor is engaged in the business of collection and recycling of solid waste and
is familiar with the requirements of the City and its solid waste services; and
WHEREAS, the City has determined Contractor to be qualified to carry out the terms of this
Contract upon the terms and conditions and for the consideration hereinafter provided; and
WHEREAS, through a competitive process in accordance with state law, the City Council has
determined that Contractor provides the best value for solid waste services for City residents;and
WHEREAS, The City therefore desires to grant to Contractor the right to operate as the sole
provider for City-provided services of collection, transportation, and disposal of residential, commercial
and industrial(both permanent and temporary)garbage and trash,Construction and Demolition Debris,and
recycling,subject to the terms of this Contract;and
WHEREAS,Contractor desires to operate and maintain the service of collection and transportation
of residential garbage and trash,and residential recycling,subject to the terms of this Contract.
NOW,THEREFORE,for and in consideration of the mutual covenants,promises and undertakings herein
contained and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed,the parties hereto agree as follows:
INCORPORATION OF RECITALS: The above recitals are accepted as part of this contract for all
purposes.
The Request for proposal document and contractor's response to RFP #0320-29 shall be construed as
additional contract documents.
PAGE 1 I SOLID WASTE,RECYCLING,AND Hot sI IloIu II.1'ZARDOUS WASTE C ol.►.e(rION CONTRACT.
DEFINITIONS
The words and phrases used in this Contract shall have the following meanings unless the context indicates
a different definition.
"Authorized Disposal Site(s)": Shall be the Waste Management Coastal Plains Landfill,located at 2100
East Highway 6,Alvin,Texas which operates under Texas permit#1721 A or the Lone Star Transfer Station
located at 4107 W Sam Houston Pkwy S,Houston,TX 77053.
"Bag":A plastic sack no more than 33 gallons in size designed to store waste with sufficient wall strength
to maintain physical integrity when lifted by the top and placed curbside for Waste collection.
"Brush"Any cuttings or trimmings from trees, shrubs, or lawns, including Green Waste. Limbs should
not exceed four(4)feet in length and not exceed four(4")in diameter.All Brush may be stacked in such a
way as to allow safe lifting by the employee into the collection vehicle. No stacks, bags, bundles or
containers shall exceed forty(40)pounds in total weight.
The term "Brush" specifically excludes debris resulting from the services of a Commercial Service
Provider.
"Bulky Waste" means large rubbish items including but not limited to White Goods,bicycles, furniture,
rugs, mattresses, televisions, fence material, auto parts, and other similar oversized items which are
customary to ordinary housekeeping operations of a Residential Unit.
"Cart": 95-gallon plastic receptacles issued by Contractor to Residents,equipped with wheels,handles
and a tight-fitting cover,designed for automated or semi-automated waste collection vehicles. The
weight of a Cart and its contents shall not exceed approximately 170 lbs.
"City"means the City of Pearland,Texas.
"Collection": The act of removing Refuse and Bulky Waste for transport to a Disposal Facility and the
act of removing recyclables for transport to a Materials Recovery Facility(MRF).
"Collection Area" means that portion of the City in which Contractor provides collection services as
described in this RFP.
"Commercial Unit" means all commercial businesses and establishments, including, but not limited to,
stores, offices, restaurants, warehouses, and other nonmanufacturing facilities, premises, locations or
entities,public or private,within the corporate limits of the City.
"Commercial Waste"means all types of Solid Waste generated by stores,offices,restaurants,warehouses,
and other non-manufacturing activities,excluding Residential Waste and Industrial Waste.
"Commercial Service Provider"means a commercial business enterprise that provides tree limb cutting
and removal,or complete tree and stump removal services.
"Compactor Unit"means a mechanical unit that receives,compacts and reduces the volume of municipal
waste,refuse or garbage,whether stationary or mobile.
"Construction and Demolition Debris" means waste building materials resulting from
construction, remodeling, repair, or demolition operations that are directly or indirectly the by-
products of construction work or that result from the demolition of buildings or other structures,
but specifically excluding inert debris, land-clearing debris, yard debris, or used asphalt, asphalt
mixed with dirt, sand, gravel,rock, concrete, or similar materials.
"Container" means a receptacle with a capacity of at least 18 gallons but not greater than 96 gallons,
PAGE 2 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, the mouth of
which has a diameter greater than or equal to that of the base.
"Contract Administrator"means the City Manager or his designee responsible for actively interacting
with Contractor to achieve the Contract's objectives; monitoring the Contract to ensure Contractor
compliance;receiving and maintaining Contractor reports; addressing Contract related problems on behalf
of the City; incorporating necessary modifications or changes into the Contract; mediating and expediting
timely resolution customer/Contractor issues,and other duties necessary to implement the Contract.
"Contractor"means the person or business entity that enters into the Contract with the City to perform
the services described in this RFP and/or the accepted proposal.
"Curbside"Curbside shall mean within 3 feet of the curb that provides primary access to the Unit
as designated by the City unless such placement interferes with or endangers movement of vehicles
or pedestrians.
"Customer"means the owner or tenant of a Residential Unit,Commercial Unit and/or Industrial Unit,as
the case may be,located within the City,and identified by the City as being eligible for and in need of the
services provided by Contractor under the Contract.
"Dead Animals" means animals or portions thereof that have expired from any cause except those
slaughtered or killed for human use.
"Detachable Container" (also referred to as "dumpster") means a watertight, all-metal Container,
equipped with a tight-fitting metal or plastic cover and plugged to prevent drainage of leachate. The term
shall also apply to Containers of larger sizes(i.e.,"roll-offs").
"Disposal Facility"Any facility or area of land receiving Municipal Solid Waste or Construction
and Demolition Debris and operating under the regulation and authority of the Texas
Commission on Environmental Quality("TCEQ")within the State of Texas, or the appropriate
governing agency for landfills located outside the State of Texas.
"Front End Loader"(FEL): Container intended for high-volume refuse generation by Multi-Family
Residence facilities,and capable of pickup and transport to a Landfill by loading of the container onto the
front of transporting vehicle.
"Garbage"means Municipal Solid Waste(MSW)consisting of putrescible or animal and vegetable
waste materials resulting from the handling,preparation,cooking,and consumption of food,including
waste materials from markets,storage facilities,handling and sale of produce and other food products,
and all Dead Animals of less than ten pounds(10 lbs.)in weight,except those slaughtered for human
consumption.
"Generator"means a person or municipality that produces or creates a municipal waste.
"Green Waste"means leaves,grass,brush and other vegetative matter.
"Hazardous Waste"means any Solid Waste identified or listed as a hazardous waste by the administrator
of the Environmental Protection Agency under the Federal Solid Waste Disposal Act as amended by RCRA,
42 U.S.C. S6901,et,seq.,as amended.
•
"Household Hazardous Waste" or "HHW" means items which have been segregated from
residential garbage and are designated as hazardous by the United States Environmental Protection
PAGE 3 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Agency or the State of Texas and shall include, but not be limited to, outdoor insecticides and
fertilizers,automotive products,household insecticides and maintenance chemicals,paint products
and other items including electronics, small batteries,vehicle batteries, and lamps.
"Industrial Unit"means all industrial businesses and establishments,including manufacturing facilities,
premises,locations or entities,public or private,within the corporate limits of the City.
"Industrial Waste" means solid waste resulting from or incidental to any process of industry or
manufacturing,or mining or agricultural operations.
"Medical Waste"means Waste generated by healthcare-related facilities and associated with health care
activities,not including Garbage or Rubbish generated from offices,kitchens,or other non-health-care
activities. The term includes Special Waste from healthcare-related facilities which are comprised of
animal waste,bulk blood and blood products,microbiological waste,pathological waste,and sharps as
those terms are defined in 25 TAC §1.132(relating to Defmitions).
"Municipal Solid Waste (MSW)" means wastes consisting of everyday items such as product
packaging, grass clippings, furniture, clothing, bottles and cans, food scraps, newspapers, appliances,
consumer electronics, and batteries. These wastes come from homes; institutions such as schools and
hospitals; and commercial sources such as restaurants and small businesses. Municipal Solid Waste does
not include municipal wastewater treatment sludges, industrial process wastes, automobile bodies,
combustion ash,or construction and demolition debris.The term does not include Single-Stream Recyclable
Materials.
"Multi-Family Dwellings"means structures for residential living consisting of attached units.
"Non-Recyclables": Any materials in the Single-Stream Materials or Recyclable Materials that
are not Recyclable Materials.
"Performance Bond" means a corporate surety bond that guarantees compensation to the City in the
event that it must assume the obligations and/or duties of Contractor in order to continue the service as
defined by the Contract's Specifications.
"Permit" means a permit issued by the State of Texas to operate a municipal solid waste landfill or
processing facility,or to beneficially use municipal waste.The term includes a general permit,permit-by-
rule,permit modification,permit issuance and permit renewal.
"Pink Tag": A tag or adhesive sticker developed and produced by the Contractor and approved by The
City which will indicate to the Contractor that the bag on which the Pink Tag has been affixed by a
Residential Unit Resident is intended for collection and disposal.
"Processing"Any technology used for the purpose of reducing the volume or bulk of municipal waste or
any technology used to convert part or all of such waste materials for offsite reuse. Processing facilities
include,but are not limited to,transfer facilities,composting facilities,and resource recovery facilities.
"Proposal Bond"The corporate surety bond or a certified check drawn on a national bank,in the amount
specified in the Instruction to Proposers,submitted with the Proposal as a guarantee that the Proposer will,
if called upon to do so,accept and enter in the Contract.
PAGE 4 ' SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOL S\Ngy COI.I.ECTION CONTRACT.
"Recyclable Material(s)": means a material that has been recovered or diverted from the non-
hazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of
which is consistently used in the manufacture of products that may otherwise be produced using
raw or virgin materials. Recyclable Material is not Solid Waste. However, Recyclable Material
may become Solid Waste at such time,if any,as it is abandoned or disposed of rather than recycled,
whereupon it will be Solid Waste, with respect to the party actually abandoning or disposing of
such material. Residential Recyclables include juice boxes,glass containers (clear,brown, green),
tin-steel cans, paper board, cardboard, magazines, aluminum cans, newspapers,junk mail, phone
books, office paper, and plastics all codes (#1 through #7, except for # 6, which is Styrofoam
products).
"Recycle"or"Recycling"means the collection,separation,recovery,and sale or reuse of metals,glass,
paper,leaf waste,plastics and other materials which would otherwise be disposed or processed as municipal
waste or the mechanized separation and treatment of municipal waste and creation and recovery of reusable
materials other than a fuel for the operation of energy.
"Recycling Container"means a plastic receptacle with a capacity of 95 gallons designed for the purpose
of the Curbside Collection of Recyclable Materials.
"Recycling Facility"means a facility employing a technology that is a process that separates or classifies
municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer
as a substitute for or a supplement to virgin raw materials. The term "Recycling Facility" shall not mean
transfer stations,or municipal solid waste landfills,composting facilities,or resource recovery facilities.
"Refuse": Same as Rubbish.
"Residential Curbside Recycling"means the collection of Recyclable Materials placed by Customers
residing in Residential Units at Curbside for collection, the delivery of such materials to a Recycling
Facility,and the subsequent recycling of the collected materials.
"Residential Unit" means a residential dwelling occupied by a person or group of persons comprising
not more than four families. A Residential Unit shall be deemed occupied when either water or domestic
light and power services are being supplied thereto.A condominium dwelling,whether of single or multi-
level construction,consisting of four units,shall be treated as a Residential Unit.
"Residence" means any house, dwelling, multi-unit residence, apartment house, or any building put to
residential use except Multi-Family Dwellings.
"Residential Waste" means all Refuse, Garbage, and Rubbish and other Solid Waste generated by a
Customer at a Residential Unit.
"Roll-off Container"means a Container provided to a Residential Unit, Commercial Unit or Industrial
Unit by Contractor measuring 20, 30 or 40 cubic yards, intended for high-volume refuse generating
Commercial Units or Industrial Units or for construction and remodeling, and capable of pickup and
transport to a Disposal Facility by loading of the Container onto the rear of transporting vehicle, but
excluding a Stationary Compactor. Roll-Off Containers may be utilized for Solid Waste or Construction
and Demolition Debris.
"Rubbish" means non-putrescible Solid Waste (excluding ashes), consisting of both combustible and
noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible rubbish includes
glass,crockery,tin cans,aluminum cans,metal furniture,and similar materials that will not burn at ordinary
incinerator temperatures(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
"Small Businesses Garbage Generator"means a commercial type of business,which generates no more
P,kl,1 5 'sot ID W AS'1'1:,RI:(\(LING,AND 11ot SI IRD D HAZARDOUS WA',I I COI.1.[:CTION CONTRACT.
than one(1)cubic yard of Solid Waste per week.
"Solid Waste"means garbage,Rubbish,Refuse,sludge from a wastewater treatment plant,water supply
treatment plant,or air pollution control facility,and other discarded material,including solid,liquid,semi-
solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities.The term does not include:a)Solid
or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or
industrial discharges subject to regulation by permit issued under Texas Water Code,Chapter 26;b)Solid,
dirt,rock,sand,and other natural or man-made inert solid materials used to fill land if the object of the fill
is to make the land suitable for the construction of surface improvement;c)Waste materials that result from
activities associated with the exploration,development,or production of oil or gas or geothermal resources
and other substance or material regulated by the Railroad Commission of Texas under Natural Resources
Code, §91.101, unless the waste, substance, or material results from activities associated with gasoline
plants, natural gas liquids processing plants,pressure maintenance plants, or re-pressurizing plants and is
hazardous waste as defined by the administrator of the EPA under the federal Solid Waste Disposal Act,as
amended by RCRA,as amended(42 USC,SS6901 et seq.),or d)Unacceptable Waste.
"Special Waste" means Waste that requires special handling and management due to the nature of the
waste, including, but not limited to, the following: (A) containerized waste (e.g. a drum, barrel, portable
tank, box, pail, etc.), (B) waste transported in bulk tanker, (C) liquid waste, (D) sludge waste, (E) waste
from an industrial process, (F) waste from a pollution control process, (G) Residue and debris from the
cleanup of a spill or release of chemical,or(H)any other waste defined by Texas law,rule or regulation as
"Special Waste".
"Single-Stream Recyclable Materials"means Recyclable Materials that are separated from MSW at
the point of origin for the purpose of Recycling.
"Third Party Provider": A commercial business enterprise or commercial service provider
providing services to Residential Units.
"Unacceptable.Waste" means any Waste, the acceptance, and handling of which by Contractor would
cause a violation of any permit, condition, legal or regulatory requirement, substantial damage to
Contractor's equipment or facilities,or present a danger to the health or safety of the public or Contractor's
employees, including, but not limited to, Hazardous Waste, Special Waste (except as otherwise provided
herein),untreated Medical Waste,Dead Animals weighing ten pounds(10 lbs.)or greater,solid or dissolved
material in domestic sewage,or solid or dissolved material in irrigation return flows,or industrial discharges
subject to regulation by permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials
used to fill land if the object of the fill is to make the land suitable for the construction of surface
improvements.
"Unusual Accumulations"Any Residential Unit Waste placed curbside for collection which does not meet
the specifications defined by this Agreement for regular Garbage,Bulky Waste,and Yard Waste including
any Waste placed in a bag or other container without a Pink Tag. Contractor has the right to take
• photographic evidence of Unusual Accumulations,and the option to provide for the collection of Unusual
Accumulations for a fee as after inspection and pricing by Contractor supervision.
"Waste" or"Waste Materials means all Residential Waste, Commercial Waste,and Industrial Waste to
be collected by Contractor pursuant to the Contract. The term"Waste"specifically excludes Unacceptable
Waste.
"White Goods"means refrigerators that have CFCs removed by a certified technician,stoves and ranges,
PAGE 6 I SOW WASTE,RECYCII.AG,AND I IOESI:IIOI.11 I I i..AItI)OUS WASTE COLLECTION CONTRACT.
water heaters,freezers,swing sets,bicycles(without tires)scrap metal,copper,and other similar domestic
and commercial large appliances.
"Yard Waste" means accumulations of lawn, grass, or shrubbery cuttings or clippings, and dry leaf
rakings, small tree branches (not to exceed 4 feet in length, nor 4 inches in diameter), bushes or shrubs,
green leaf cuttings,fruits, or other matter usually created by refuse in the care of lawns and yards, except
large branches,trees,bulky or non-combustible materials not susceptible to normal loading and collection
in "load packer" type sanitation equipment used for regular collections from domestic households.
Notwithstanding the foregoing,all trees,shrubs and brush trimmings must be stacked,or tied together in a
manner to allow an employee to reasonably lift the bundle into the truck,and no such bundle or stack shall
exceed forty(40)pounds in weight.
•
GRANT OF CONTRACT
Grant of Contract and Franchise. To the extent allowed by law,City hereby grants to Contractor:
(a) the sole and exclusive franchise,license and privilege within City's Limits to collect Waste
Materials,Construction and Demolition Debris,and Recyclable Materials during the Term
of this Contract from all Residential,Commercial and Industrial Customers located within
City's incorporated limits;and
(b) The sole and exclusive franchise; license and privilege to collect Waste Materials and
Recyclable Materials during the Term of this Contract from all Municipal Facilities.
TERM
Initial Term. The Initial Term of this Contract shall commence at 12:00 a.m.on October 1,2021 (the
"Commencement Date")and shall end at 11:59:59 p.m. on September 30,2026("the Termination
Date"),unless otherwise extended or terminated earlier as provided herein.
Extension Term. Upon approval by City's City Council,the Initial Term may be extended by contract of
the Parties for an additional one(1)Five(5)year term beginning at 12:00 a.m. on October 1,
2026 and ending at 11:59:59 p.m. on September 30,2031 ("the Extension Term")upon the same
terms and conditions as herein set forth. Contractor shall notify City of a request to extend the
first term on or before April 1,2025. Notwithstanding the provisions herein regarding the
Extension Terms,the Parties agree that the City may,at any time prior or subsequent to the
expiration of the Initial Term,solicit bids or Proposals or contract for the collection of Waste
Materials such other services as are provided for herein for a period commencing after the
Termination Date. In the event the Contractor provides the requisite notice to the City of its
intent to renew the Contract on or before April 1,2025,the City shall provide a response to the
Contractor's request on or before January 1,2026. In the event the City does not provide any
response to the Contractor by January 1,2026,the parties agree and acknowledge that the
Contract shall be renewed for the Extension Term subject to City Council approval.
RATES
Contractor is authorized to charge, and shall receive from The City, the rates set forth on Schedule "A"
attached hereto and incorporated herein by reference ("Base Rates"). The Base Rates are subject to
adjustment as set forth in Section"Modification of Rates"below.
PAGE 7 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
SCOPE OF WORK
General/Service Contracts. The work to be performed by Contractor pursuant to this Contract consists
of collection,transportation and disposal,at its own expense,of Waste and Recyclable Materials collected
from Residential Units,and Commercial Waste and Industrial Waste collected from Commercial Units and
Industrial Units,within the corporate limits of the City as the present and future boundaries exist, and the
furnishing of all labor, methods or processes, tools, equipment and transportation necessary to meet the
requirements of this Contract.
Residential Solid Waste Collection: Contractor shall collect Residential Waste generated at a Residential
Unit twice weekly per route schedule. Contractor shall collect Carts/Containers that are placed Curbside
(exception those being for Special Needs).
Contractor shall be responsible for providing notice first to the Customer and then to City staff if it believes
MSW is not prepared and/or located correctly by a Customer.However,the City shall be the sole and final
judge as to such conditions and locations.
Contractor shall provide a proposed schedule and map of collection sectors.
Residential Collection of Recyclable Materials: Contractor shall provide once per week collection, on
the same day that MSW is collected, of Recyclable Materials placed in the Residential Unit's designated
Recycling Container. Contractor shall not be required to collect any Recyclable Materials from a
Residential Unit that are not placed in that Residential Unit's designated Recycling Container. Customers
shall not overload the Recycling Container. Any Recyclable Materials at the curb not in the Recycling
Container will be treated as trash or can be taken to the City recycling center.
RECYCLABLE MATERIALS must be dry,loose(not bagged),un-shredded,empty,and include ONLY
the following:
Aluminum cans Newspaper
PET bottles with the symbol#1 —with screw tops Mail
only
HDPE plastic bottles with the symbol#2(milk, Uncoated paperboard(ex. cereal boxes; food and snack
water bottles detergent,and shampoo bottles,etc.) boxes)
PP plastic bottles and tubs with symbol#5— Uncoated printing,writing and office paper
empty
Steel and tin cans Old corrugated containers/cardboard(uncoated)
Glass food and beverage containers—brown, Magazines,glossy inserts,and pamphlets
clear,or green
Plastics not listed above including but not limited Cartons,Aseptic Containers
to those with symbols#3,#4, or#7
NON-RECYCLABLES include,but are not limited to the following:
Plastic bags and bagged materials(even if Microwavable trays
containing Recyclable Materials)
Porcelain and ceramics Mirrors,window or auto glass
Light bulbs Coated cardboard
PAGE 8 I SOLID WASTE,RECYCLING,AM)HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
•
Soiled paper,including paper plates,cups, THIS SPACE WAS INTENTIONALLY LEFT BLANK
and pizza boxes
Expanded polystyrene and#6 plastics Coat hangers
Glass and metal cookware/bakeware _ Household appliances and electronics
Hoses,cords,wires Yard waste,construction debris,and wood
Flexible plastic or film packaging and Needles,syringes,IV bags or other medical supplies
multi-laminated materials
Food waste and liquids,containers Textiles,cloth,or any fabric(bedding,pillows,sheets;etc.)
containing such items
Excluded Materials or containers which Napkins,paper towels,tissue,paper plates,paper cups,and
contained Excluded Materials plastic utensils
Any paper Recyclable Materials or pieces Propane tanks,batteries
of paper Recyclable Materials less than 4"
in size in any dimension
Recycling Contamination Specifications. Single-Stream Recyclable Materials collected within The City
and delivered by Contractor to the Recycling Facility may not contain more than 25.1%Non-Recyclables
or Unacceptable Waste.For Recyclable Materials not meeting the specifications,in excess of the allowable
percentage the City may pay a contamination charge for additional handling,processing,transporting and/or
disposing of Non-Recyclables.
A report of each non-conforming load detailing the composition of the load and including photographic
evidence of the load will be provided to the City within 24 hours of the load being transported to the
Disposal Facility.
Residential Household Hazardous Waste Collection All Household Hazardous Waste materials will be
delivered by residents to the Stella Roberts Recycling Center where the Contractor shall arrange for
collection(this service may be subcontracted to a firm specializing in the provision of this service).
Materials will come from City of Pearland residents,as well as from residents within Brazoria County.
Residential Brush/Bulk Collection: Contractor will collect Brush/Bulk materials one time per week.The
Resident will be limited to two (2) cubic yards of material per collection. Appliances or"White Goods"
such as a freezer, refrigerator, water cooler, dehumidifier, air conditioner and any other appliances
containing refrigerants must be tagged certifying that all refrigerants have been removed by a certified
refrigerant technician prior to their placement for collection.
Residential Unusual Accumulation Collection When a Customer desires collection of more material than
the weekly limit, the resident can request an Unusual Accumulations Collection for a fee. The fee will
reflect a cost per hour for the vehicle,plus applicable disposal. Any additional fees that might be charged
to a Customer for services that will be rendered over and above the requirements of the Contract will be
determined after visual inspection by Contractor's supervisor, and such fees will be approved by the
Customer prior to commencing work.
Residential Carts Contractor agrees to provide one new Cart for Waste and one new Cart for
Recyclable Materials to each Residential Unit a minimum of five(5)days prior to the commencement of
this Contract. Upon notice from The City,the Contractor agrees to provide one new Cart for Waste and
one new Cart for Recyclable Materials to new Residential Units constructed within The City during the
Term of the Contract(together,the"Carts").New Carts will be provided with written instructions for
proper use,including any Resident actions that may void manufacturer warranties,such as placement of
hot ashes in the Cart.New Recycling Containers and replacement lids for existing Recycling Containers
PAGE 9 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
that have been damaged and need a replacement lid will have recycling guidelines heat molded on the top
of the lid in mutually agreeable place.
Contractor shall not be required to collect any Waste or Recyclable Materials that are not placed in the
designated Cart,any Waste or Recyclable Materials from a Cart that is overloaded by weight or volume,or
a Cart that is not properly placed curbside.
The Carts shall remain at the location of the Residential Unit where delivered by Contractor. The City
agrees that should a Cart be lost or stolen from a Residential Unit,the Resident is to obtain a replacement
Cart by contacting the Contractor directly.Where a replacement Cart is new,the Contractor shall assess a
$55.00 charge to the Resident,which the Resident is obligated to pay. If a Cart is damaged while at a
Residential Unit,the Resident shall contact the Contractor directly to request a replacement Cart.
Contractor shall replace a damaged Cart with a reconditioned Cart at no additional charge.
The Contractor will be responsible for responding to requests from and delivering Carts to Residents
who need a Cart replacement due to Cart damage. Contractor shall deliver a reconditioned Cart within(2)
business days after notice by the City.Reconditioned Carts must be cleaned prior to re-entry into the system
and delivery to Residents. Damaged Carts shall be removed at the same time a reconditioned or
replacement Cart is delivered.
SMALL BUSINESSES GARBAGE COLLECTION
Collections from all Small Business Garbage Generators shall be performed at least weekly.
Within the Collection Area,the collection days shall adhere to the current schedule established
by the City. The collection will be performed using 95-gallon Carts provided by Contractor.
Collections shall be made on a regular schedule on the same day and approximately the same
time each week. •
Contractor is not responsible for collecting Carts weighing in excess of 170 pounds. Contractor
shall be responsible for providing notice first to the customer and then to City staff if it believes
garbage is not prepared and/or located in an area accessible to the collection vehicle. However,
the City shall be the sole and final judge as to such conditions and locations.
FRONT END LOADER CONTAINER COLLECTION
Contractor shall make at least two(2)weekly collections at all commercial establishments subject to the
terms of the Contract and at sufficient additional intervals necessary to perform adequate services and to
protect the environment,unless otherwise approved in advance by the City,provided however,where the
refuse is exclusively non-putrescible in nature,one weekly collections are permitted.
Contractor shall not be required to perform during emergencies resulting from Acts of God or where
proper payment has not been received.
Within the Collection Area,the collection shall be performed Monday through Saturday between the
hours of 5:00 am. and 7:00 pm but not starting before 7:00 A.M.within 500 feet of a Residence unless
otherwise agreed by City and Contractor,or when Contractor reasonably determines that an exception is
necessary in order to complete collection on an existing collection route due to unusual circumstances.
Collections shall be made on a regular schedule on the same day and approximately the same time each
week.
PAGE 10 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Dumpsters will be located at a place convenient and safely serviceable to the Contractor and the
Commercial Customer.
Contractor or City shall not be responsible for damage which is not negligently or willfully caused by the
Contractor to any private pavement or accompanying sub-surface,or any drive approach connecting said
private pavement to public street or alley,of any route reasonable necessary to perform the services in the
Contract.
No commercial container,dumpster or roll-off container should be overloaded to the point where the lid
or covers will not close,or the tarp will not properly cover the load.The Contractor may decline to empty
an overloaded container until the Customer unloads the dumpster or roll-off container to the point where
the lid(s)will close,or where the load may be safely tarped prior to transport.
ROLL-OFF CONTAINER COLLECTION FOR CONSTRUCTION AND DEMOLITION
DEBRIS,REMODELING &CONSTRUCTION
To the extent allowed by law,the Contract will provide exclusive rights to Contractor for the collection of
Construction and Demolition Debris,and waste materials,such as carpeting,roofing,drywall,etc.,resulting
from remodeling and construction activities, which are generated in quantities requiring a Roll-Off
Container for on-site storage,collection,and transport.
STATIONARY COMPACTOR UNITS
For those businesses that utilize Stationary Compactor Units,the Contract shall provide for the collection
and transport of the Compactor Unit's Detachable Container.The purchase,lease,installation,maintenance
and repair of the Stationary Compactor Unit or any related parts or accessories, as well as the Detachable
Container are between Contractor and the property owner/manager. If a business wishes to rent a
Detachable Container, Contractor shall provide such Container(s) at the rental rates in the Roll-Off rate
schedule in Exhibit A.
SUPPLYING GARBAGE AND RECYCLING CONTAINERS
Contractor shall supply and maintain all Garbage and Recycling Containers.
Garbage and Recycling Containers supplied by Contractor will be new at the commencement of this
contract. Contractor shall retain ownership of the Carts provided.
Contractor shall provide instructions for proper use of the Carts to the residents in conjunction with the
delivery of the Carts. Upon notice from the City, Contractor shall deliver Carts to new Customers who
move into the Collection Area. Contractor will be responsible for responding to requests from and
delivering Carts to, Customers who need a Cart replacement for whatever reason. Carts shall be delivered
no later than five(5)business days after notice from the City.Used Carts must be cleaned prior to reentry
into the system and delivery to Customers.Damaged Carts shall be removed at the same time a replacement
Cart is delivered.
The Carts shall be provided with instructions for proper use, including any Customer actions that would
void manufacturer warranties,such as placement of hot ashes in the Container causing the Cart to melt,and
procedures to follow to minimize potential fire problems.
N.k(:I. 1 1 SOI,II)\1 ‘S I I:,121<CYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Should a Cart be lost or stolen from a Residential Unit,the Resident is to obtain a replacement Cart by
contacting Contractor directly.Where a replacement Cart is purchased by the Contractor to replace an
existing Cart,Contractor shall assess a$55.00 charge(for any size cart)to the Resident,which the
Resident is obligated to pay.
If a Cart is damaged while at a Residential Unit,the Resident shall contact Contractor directly to request a
replacement Cart. Contractor shall replace a damaged Cart with a reconditioned Cart at no additional
charge. Contractor shall deliver a reconditioned Cart within(2)business days after notice by the City.
Reconditioned Carts must be cleaned prior to re-entry into the system and delivery to Residents.
Damaged Carts shall be removed at the same time a reconditioned or replacement Cart is delivered.
In the case of an existing service address whose previous resident has left a 95-gallon MSW Cart;no formal
notification will be given to Contractor.In the case of new homes or existing homes that do not have a Cart,
the City will provide the Contractor with a formal request for new service. New service Carts will be
provided within the second business day following the request with pick up available on the next scheduled
day following delivery.
SUPPLYING DETACHABLE CONTAINERS FOR COLLECTION
Prior to the beginning of the Contract, Contractor shall provide Detachable Containers for Garbage
Collection to all Facilities receiving Detachable Container collection service under the Contract.Detachable
Containers will be standard Containers capable of being serviced by front load, collection vehicles and/or
roll-off vehicles compatible with compactor and open-top containers.
Detachable Containers shall be located on the premises in a manner satisfactory to the City or site manager
and convenient for collection by Contractor. The City, whose decision shall be fmal and binding, shall
mediate any disagreements over Container placement and collection.
Contractor is not required to collect from Detachable Containers if access across the Customer's private
property is blocked
DETACHABLE CONTAINER COLLECTION FOR CONSTRUCTION AND REMODELING
The Scope of Work and the Contract will provide exclusive rights to Contractor,to the extent allowed by
law, for the collection of Construction and Demolition Debris and similar waste materials, such as
carpeting,roofing,drywall,etc.,resulting from construction and remodeling activities,which are generated
in quantities requiring a Roll-off Container,for on-site storage,collection,and transport
DETACHABLE CONTAINER STANDARDS
Detachable Containers supplied by Contractor shall be painted a uniform color,bear the name and telephone
number of the Contractor, and bear a serial number coded for Container size. Detachable Containers
(Dumpsters) placed for the collection of wet or odorous wastes shall be painted, or changed out, at least
once every 2-1/2 years.
Roll-Off Compactor containers shall be steam cleaned at least once each year or as directed by the City.
Contractor is responsible for removing graffiti from its Detachable Containers. Collection drivers shall
PAGE 12 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
regularly note Containers containing graffiti. Contractor personnel shall then remove reported graffiti.
Contractor shall remove any graffiti reported by the City within five(5)business days of notification.
DETACHABLE CONTAINER INSTALLATION AND MAINTENANCE
Each Detachable Container is subject to inspection by the City and approval as to appearance and condition
before placement at any City facility.
A Detachable Container shall be reconditioned and repainted if necessary,before being supplied to a City
facility that has not used it earlier. If the City so requires, a Detachable Container shall be cleaned or
repainted within thirty(30)days of delivery of a written request by the City.
If appropriate to serve the City's needs and/or locations, the City may require Contractor to install and
service a front-end load Detachable Container.The City may also require Contractor to equip a Detachable
Container with plastic lids.
Contractor shall repair or replace within one business day any Detachable Container that the City
determines does not comply with ordinance standards or constitutes a health or safety hazard.
DETACHABLE CONTAINERS REPAIR OR REPLACEMENT
Damage to Detachable Containers on Customers'premises is at Contractor's risk,as between those parties
and without affecting the risk or liability of others.
Contractor shall be responsible for the repair of all Contractor Detachable Containers damaged due to the
Contractor's negligence. Contractor shall repair or replace within one business day any Detachable
Container that the City determines does not comply with ordinance standards or constitutes a health or
safety hazard.
COLLECTION OPERATIONS—GENERAL PROVISIONS
Hours of Collection. Collection of Waste Material from Residential Customers shall not start before
7:00 A.M.or continue after 7:00 P.M.on the same day in any area of City's Limits which is located in a
residentially zoned area or otherwise within 500 feet of a Residence,unless otherwise agreed by City and
Contractor,or when Contractor reasonably determines that an exception is necessary in order to complete
collection on an existing collection route due to unusual circumstances.
Within the Collection Area,Commercial/Industrial collection shall be performed Monday through
Saturday between the hours of 5:00 am. and 7:00 pm.within the confines of the current ordinances of the
City but not starting before 7:00 A.M.within 500 feet of a Residence unless otherwise agreed by City and
Contractor,or when Contractor reasonably determines that an exception is necessary in order to complete
collection on an existing collection route due to unusual circumstances. Collections shall be made on a
regular schedule on the same day and approximately the same time each week.
Notwithstanding the foregoing to the contrary,collection on all routes will be completed no later than 7:00
P.M.each service day unless:
(a) Contractor provides notice to City with a description and justification of the unusual
circumstances prior to the collection that justifies a later completion time;and
(b) The City determines that the collection will not result in a violation of City's ordinances
regarding excessive noise set forth in Article 12.05 of the Code of Ordinances,as amended.
717i171 SOLID WASTE,RECYCLING,AND HOUSE I IOI I) f I.A/ARM)US WASTE COLLECTION CONTRACT.
Collection Routes. Contractor shall work with City staff to develop routes prior to the Commencement
Date. Contractor may request changes to collection routes that are determined to be more efficient than
those in effect on the Commencement Date or to which the Parties later agree;provided,however,no
change in collection routes shall be made unless:
(a) such change has been approved in writing by the City Manager, which shall not be
unreasonably withheld or delayed;and
(b) if the change will require a change in the days Waste Materials and/or Recyclable Materials
are collected from a Residential Customer, Contractor has provided written notice to each
Residential Customer whose collection dates will change not later than fifteen (15) days
prior to the date of the new collection dates become effective.
Resident Disposal Access:The Contractor will arrange for residents of the City to dispose of,at no charge,
up to three(3)cubic yards(or the bed of a pickup truck)of MSW material per month at Contractor's local
facility,which shall be located within fifteen(15)miles from the center of the City of Pearland.
The Resident shall be required to present a valid driver's license and water bill to gain access to the
Contractor's facility. The Resident shall not be authorized to use this privilege for disposal of non-
residential or commercial wastes.
Holidays. Contractor shall perform collection on all days except for Thanksgiving Day, Christmas Day
and New Year's Day. Contractor shall collect from Residential Customers whose collection day fall on a
holiday on the next scheduled collection day. Collection from Residential Customers whose scheduled
collection day falls on Thanksgiving Thursday shall occur the following Monday. Collection from
Residential Customers whose scheduled collection falls on Monday/Thursday, Tuesday/Friday,
Wednesday/Saturday shall occur the following scheduled collection day.
Complaints. Customer complaints shall be directed to the Contractor. Contractor shall notify the City
daily, in writing by email, of all complaints received. At the end of each business day, Contractor shall
email the City a recap of the day's complaints from Residential,Commercial or Industrial Customers.The
email shall contain the address of the Customer about which the complaint is made,the time of the call,and
a summary of the follow-up action taken to resolve the issue. Missed pick-ups from one day shall be
reflected on the next day's complaint report indicating that collection was made.
Contractor shall arrange for collection on the next business day, before noon, after receipt of a missed
collection complaint (Saturday shall be considered a business day for the resolution of missed Friday
pickups and Sunday shall be considered a business day for the resolution of missed pickups on Saturday).
If the missed pickup is a result of Customer related acts or omissions, Contractor shall take appropriate
action to cause such Customer to subsequently properly set out the Container, and shall notify the City of
such action.
As requested by the City, Contractor shall make available GPS tracking reports for residential collection
vehicles.
Complaint Log. Contractor shall make and keep records of all complaints regarding missed collections
which shall include(a)the date of the complaint,(b)the name and address of the complainant,(c)the
time and date the complaint was made,(d)Contractor's determination, and(e),the date and time when
the Complaint was resolved.
I' ct< 14 Sol,II)\1 s I.,R1:cl( LING,AND Housia tot.1)IlanuImouS WASTE COLLECTION CONTRACT.
Collection Equipment All vehicles, facilities, equipment, and property used in the performance of this
Contract shall be provided by Contractor. At the start of this Contract,all vehicles used in collection shall
be in good operating order and not older than four(4)years (i.e., year model 2017 or newer). At no time
shall a vehicle be used for collection that is older than 10 years. All vehicles shall be kept in a clean and
sanitary condition with the interior of the cab free of clutter. All collection equipment used under this
Contract shall meet all applicable state and federal safety standards. Contractor shall obtain all required
operating permits and registrations.
Collection vehicles shall be painted in the Contractor's color schemes. The vehicles shall have the number
of the vehicle painted on each side of each vehicle and on the rear of the vehicle in a contrasting color from
the body color, the letters to be at least six inches high. No advertising shall be permitted other than the
name and address of Contractor.Contractor shall place the appropriate customer service telephone number
on all collection trucks.
Collection vehicles shall be sufficient to service all Structures at the frequency and level of collection
specified in the Contract.Collection vehicles shall be capable of handling,in the safest and efficient method
available,the Carts or Containers and material specified for each structure on its route. All such vehicles
shall be operated in conformity with the laws of the State of Texas.
All vehicles used by management personnel,including route supervisors,shall be equipped with cell phones
with voice mail so they can be contacted by the City. Collection vehicles will be equipped with two-way
communication devices so that the Contractor's staff and the driver may communicate during the route
collection.
Contractor shall furnish to City an inventory of all equipment and vehicles to be used pursuant to this
Contract. Contractor shall provide City an updated list not later than ten(10)business days after
Contractor adds and/or deletes a vehicle or piece of equipment that is being used in the City unless the
addition or deletion is only for a temporary period to allow for the repair of a vehicle or piece of
equipment that is on the inventory that has been temporarily removed from service.
Contractor acknowledges that it has represented in the Proposal that Contractor has the ability to access
temporary replacement equipment and vehicles in order to be able to maintain a consistent level of
collection services as required by this Contract.
Disposal:The Contractor shall deliver Waste collected under this Contract to one of the Authorized
Disposal Sites operated in compliance with rules stipulated by the applicable state agency and/or the U.S.
Environmental Protection Agency. In the event that(a)the cost of disposal at the Authorized Disposal
Sites increases beyond CPI,(b)the Authorized Disposal Sites are shut down or unavailable for the
Contractor's use for any reason beyond the Contractor's control,or(c)in the event of an emergency,
Contractor may request authorization from the City to use a different Disposal Facility.
Spillage: The Contractor shall not be responsible for all scattered Waste categories as defined in this
Contract unless the same has been caused by Contractor,in which case all scattered Waste shall be collected
by Contractor on the same day such spillage occurs.
Point of Contact: All dealings and contacts between Contractor and The City shall be directed between
the Public Sector representative of Contractor, or such other individual identified by Contractor, and the
Contract Administrator designated by The City.
REPORTING REQUIREMENTS
The Contractor shall be required to provide the following reports or notifications to the Contract
Administrator in addition to any daily reports. If not established by an outside authority,report formats will
PAGE 15 I SOLID WASTE,RECYCLING,.AND 1101 SI:IIOLD HAZARDOUS WASTE COLLECTION CONTRACT.
be mutually agreed to by Contractor and the City.
Monthly Reports Complete and accurate Monthly Reports must be submitted to the Contract
Administrator in a format acceptable to the City on or before the tenth(10th)of each month during the
term of the Contract.Monthly reports shall include resident-by-resident(address)and route-by-route
information regarding Participation Rates,Recycling Rates,and Tonnage Collected. All information
provided in the reports becomes the property of the City. The City shall have the right to use the data for
whatever purposes it deems appropriate.
Monthly Reports must contain at least the following information:
1) Number of Households served
2) Number of Commercial facilities served
3) Monthly tonnages by each category of service
Residential MSW
Residential Recycling
Recycling tonnage from Stella Roberts Recycling Center
Residential Green Waste
Residential Bulk
Commercial
Roll Off
4)Residential Recycling Participation Rate
5) Customer complaints received by Contractor arranged and listed by category, including date,
address,complainant,nature of complaint and resolution.
6)As requested by the City, Contractor shall make available GPS tracking reports for residential
collection.
Annual Reports No later than thirty(30) calendar days after the end of each calendar year, Contractor
shall submit to the Contract Administrator an annual report covering the immediate preceding Contract year
and include the following information:
1) A collated summary of the information contained in the monthly reports, including
reconciliation of any and/or adjustments from prior reports.
2) A discussion of highlights and other noteworthy experiences, along with measures to
resolve problems,increase efficiency and increase participation.
3) A description of all public information programs undertaken with audiences reached
and media used.
4) A summary of all roll-off compactor maintenance or replacements provided through
the year.
5) The City may withhold payment of balances due until said reports are received.
The obligation to submit an annual report shall survive the termination or expiration of this agreement.
Contractor shall submit an annual report for the fmal Contract year of this agreement no later than thirty
PAGE 16 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
(30)calendar days after the end of each year of the agreement. The City may withhold payment of balances
due to the Contractor at the end of the Contract until such fmal report is received and accepted by the City.
Contractor shall cooperate fully with providing information relevant to reporting requirements. The
reporting requirements are part of the material consideration and failure to comply with reporting
requirements shall constitute a material default and shall be subject to penalties and/or termination of the
contract.
All reports shall be submitted in an approved format to the addresses as the City may designate in writing.
If report information is transmitted electronically, Contractor shall provide information in a format that is
compatible with the existing computer system at the City.
CHARACTER AND CONDUCT OF EMPLOYEES
Contractor's employees who normally and regularly come in direct contact with the public shall bear
some means of individual identification such as uniform with name badges,name-tags or identification
cards. These employees shall be attired at all times in a professional-type manner and Contractor shall
undertake all service rendered under the Contract Documents in a neat,orderly and efficient manner and
to use care and diligence in the performance of this Contract. Contractor shall assure that employees serve
the public in a neat,orderly,courteous,helpful and impartial manner. All employees of Contractor in
both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such
behavior and language shall be the responsibility of Contractor. Contractor agrees to prohibit any
drinking of alcoholic beverages or use of illegal drugs or drugs which may impair the ability of the
employee or agent to safely and adequately perform his or her(drivers and crew members)job while on
duty or in the course of performing their duties under the Contract Documents. Contractor shall also
ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type
of vehicle he/she is driving.
In the event Contractor receives a report alleging an employee(s)of Contractor was wanton,discourteous,
belligerent,and profane or in any way intimidating,either physically or verbally,Contractor shall submit a
written report to the City outlining the complete details of the incident. Said report shall include the nature
of the incident,time,date and location,and name address and telephone number of the person alleging the
violation. The report shall also include the name and title of the employee and what disciplinary action, if
any,was taken. If an employee of Contractor is the subject of repeated or egregious allegations of the type
described above, the City may request that the employee be barred from further work for Contractor in
connection with the Contract. Upon the City's request, Contractor shall, within ten (10) calendar days,
comply with the City's request for the duration of the Contract Time. Contractor's employees shall make
collection with as little noise and as little disturbance to the Resident as reasonably possible.No Contractor
employee shall disturb or otherwise interfere with property that is appurtenant to the proper execution of
his duties.Care shall be taken by Contractor to prevent damage to property,including lawns,shrubs,flowers
and other plants.
PUBLIC EDUCATION ACTIVITIES
Residential Customer Notification. In an effort to inform and educate Residential Customers regarding
Contractor's commencement of services pursuant to this Contract, Contractor shall,at Contractor's cost:
PAGE 17 I SOLID WASTE,RECYCLING,AND HOUSE!t o 1.1)i 1 A Z V Rut x)1 s W1': c I F:COLLECTION CONTRACT.
(a) Distribute a professionally prepared brochure to each Residence at least one (1) time
approximately four (4) weeks prior to the commencement of collection by Contractor,
which brochure shall, as a minimum, describe the upcoming changeover in the provider
of Waste Material, Recyclable Material, Bulk and Yard Waste, and Door-to-Door
Household Hazardous Waste collection services to Residential Customers, the date
Contractor will start providing such services, Contractor's contact information to be used
by Residential Customers wishing to ask questions or lodge complaints, and any other
relevant information necessary to enhance community education;
(b) Provide to City a sufficient number of additional copies of the above-described brochure
to allow City to provide to people requesting such information;and
(c) Coordinate with and supply any and all information reasonably requested by City's Public
Affairs Manager to facilitate City's efforts to notify Residential Customers of this
transition.
(d) To support the City's environmental education efforts,the Contractor shall pay the
City the amount of Five Thousand Dollars($5,000.00)per month.
Special Event and Other Services.The Contractor agrees to provide Dumpster(s) and/or Roll-Offs
for the Special Events and at The City facilities and pools set forth in Exhibit B. The type
of equipment and frequency of collection is set out in Exhibit B and may be adjusted as
agreed to by the City and Contractor.Necessary increases in service as agreed to between the City
and Contractor to existing City facilities will be added to the schedule and serviced at no charge. Any
additional events not listed in Exhibit B or necessary increases in service to events listed
in Exhibit B will be serviced by Contractor at a charge
PAYMENTS TO THE CONTRACTOR
The City shall provide billing and bill collection services for Residential Units during the term of
this Agreement.
(a) On the last business day of the month, the City shall provide Contractor the number of
Residential Units for which collection services were provided by the Contractor and
number of HHW pounds collected. Contractor shall then submit to the City an invoice
setting forth sums due by the City to Contractor for services rendered to Residential Units
under this Agreement, including those services relating to HHW collection. The City will
remit to Contractor payment for such services within thirty (30) days after receipt of
invoice.
(b) The City will notify Contractor in writing of any Residential Unit Customer that has failed
to pay the City for waste collection services, and Contractor, upon written direction from
City, shall cease servicing such delinquent Residential Unit until notified by the City.
Contractor shall have the right to cease servicing any Commercial Unit or Industrial Unit
that is delinquent in payment to Contractor.
(c) The Contractor shall provide billing and bill collection services to Commercial Units and
Industrial Units.The Contractor will be required to provide to the City,on a monthly basis,
a report showing the billings to Commercial Units and Industrial Units for the prior month,
=77"1 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WVns lI COI.I,I.("PION CONTRACT.
including the services rendered, and the rate for such service.
Contractor shall pay to the City a franchise fee, the percentage to be determined by the
City, as a percent of the fees collected by the Contractor for Commercial Waste and
Industrial Waste(the"Franchise Fee").
The Contractor shall add the Franchise Fee to the rates charged by the Contractor to
Commercial and Industrial Customers. The Franchise Fee payments actually received by
Contractor shall be paid by the Contractor to the City within thirty(30) days after the last
day of the month of Contractor's actual receipt of such monies.
Non-Paving Residential Customers. City shall notify Contractor in writing of any Residential
Customer that has failed to pay City for waste collection services.Upon written direction from City,
Contractor shall cease servicing such a delinquent Residential Unit until notified by City to resume
service.
Commercial Customer Billing.Contractor shall be solely responsible for billing for all collection services
to Commercial Units, Commercial Small Business Units, and Industrial Units, both Permanent and
Temporary Roll-Off services. The City shall receive eighteen percent(15%)of the gross collections from
Commercial and Industrial Unit Customers as a franchise fee. Sludge removal for the City shall not be
subject to the 15%franchise fee.
The City shall not be obligated to pay Contractor for Commercial Collection services provided by
Contractor to Commercial Units or Industrial Units. Not later than the tenth(10t)day of each calendar
month during the Term of this Contract,Contractor shall provide to City a report showing the billings to
Commercial Units and Industrial Units for collection and other services provided to Commercial and
Industrial Customers within the City during the immediately prior calendar month,including the services
rendered,the rate for such service,and the amount of payments received by Contractor for such services
during the calendar month covered by the report.
Contractor shall remain liable for the payment of Franchise Fees pursuant to this Section after termination
of this Contract for any and all services provided prior to termination of this Contract. The City may,at its
sole option, deduct from the amount due and payable to Contractor pursuant to this Section any Franchise
Fee amounts if Contractor fails to pay the Franchise Fee on or before the 15th day after such payment is
due. Franchise Fees shall be due and payable on all services provided by Contractor within the City
pursuant to this Contract regardless of Contractor's failure to elect to pass through the cost of the Franchise
Fee to Customers.
Non-Paying Commercial Customers.Contractor shall have the right to assess interest at the highest rate
permitted by law and/late fees on Commercial or Industrial Customers who fail to timely pay Contractor's
invoices. Contractor shall have the right to suspend service to any Commercial or Industrial Customer that
is delinquent in payment to Contractor.If Contractor suspends service to a Customer for failure to timely
pay said invoices, Contractor has the right to charge a service reactivation fee to that Customer.
PAGE 19 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WAsrI.COLLECTION CONTRACT.
MODIFICATION OF RATES
Base Rates charged by Contractor for services will remain fixed and will not be adjusted for changes in the
CPI(hereinafter defined)until October 1,2022. Commencing on October 1,2022,continuing annually on
each anniversary date of the Commencement Date of this Agreement,upon ninety(90) days notice to the
City,the Base Rates for services shall be adjusted by the same percentage as the Consumer Price Index for
All Urban Consumers (published by the United States Bureau of Labor Statistics, Consumer Price Index,
U.S. City Average,All Urban Consumers, Garbage and Trash Collection,Not Seasonally Adjusted. Base
Period December 1983=100) (the C.P.I.) shall have increased during the preceding twelve months. In the
event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.I, the parties
hereto agree to substitute another equally authoritative measure of the change in the purchasing power of
the U.S.dollar as may be then available so as to carry out the intent of this provision.In any year where the
adjustment would result in a downward adjustment,the adjustment shall be zero percent(0%).
REGULATORY RATE ADJUSTMENT
The City will consider as a provision of the Contract the right for Contractor to petition the City at any time
for additional payment rate adjustments on the basis of certain unusual and unanticipated changes in the
cost of operations, including, but not limited to new or revised Federal or State laws, ordinances or
regulations that place a direct fee or tax per ton on municipal solid waste generated by the City.If the City
shall fail to approve such requested increase within thirty(30)days after receipt of such request,Contractor
shall have the right to terminate the Contract with 270 days'notice to the City.
CONTRACTOR RESPONSIBILITIES
In providing the services required by this Contract,Contractor shall be responsible for:
(a) Furnishing all skill, labor, equipment, materials, supplies and utility services required for
providing all services in accordance with this Contract;
(b) All actions and activities of its subcontractors;
(c) Supplying all records and information required by this Contract;
(d) Securing at Contractor's expense all governmental permits and licenses and required
regulatory approvals,including those required by City ordinances;
(e) Paying all applicable taxes and Franchise fees;
(f) Complying with applicable laws and regulations;
(g) Performing all work in a timely,thorough and professional manner;
(h) Disposing of all collected MSW at a permitted MSW Landfill;
(i) Processing and marketing Recyclable Materials collected by Contractor from the
Residences;
(j). All wage increases for Contractor's collectors or other employees, any benefits or added
costs resulting from changes in technology, laws, and regulations, labor practices,
PAGE 20 1 SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
availability of equipment,and other business risks that may affect the performance of this
Contract; and
(k) Collecting all missed pickups for any service provided within 24 hours after being notified
of the missed pickup,including picking up on Saturday if notified of a missed pickup on a
Friday;provided,however,missed pick-ups for which Contractor receives notification on
a Saturday will be collected on the immediately following Monday.
Collection Assistance: If the City deems all residents of a Residence are handicapped or due to age or
verified physical limitations cannot safely move their Recycling Container and Waste Cart to the curb,
Contractor personnel will collect the Carts at the side yard or garage door and return to the same place once
emptied.All requests for collection assistance will be approved by the City and then relayed by the City to
Contractor.
Right to Reject Unacceptable Waste. City agrees that if Unacceptable Waste is set out by a Customer
for collection,Contractor may,in its sole discretion,reject such Unacceptable Waste. Neither title to,nor
liability for,Unacceptable Waste shall pass to Contractor.
Adding Residential Customers. Contractor will establish New Residential Customer Service upon City
request not later than the next collection day for the subject Residence following receipt of the written
request for such commencement of service from the City.
Office. Contractor shall maintain an office or such other facilities through which it can be contacted by
direct visit or by local(toll free)call from anywhere in the City on regular collection days,as follows: (i)
Monday through Friday between 7:00 A.M.and 7:00 P.M. Central Time; and(ii) Saturday between 8:00
A.M. and 2:00 P.M.Central Time.
Phone Contact Number. Contractor shall maintain an office or other facilities through which they can
be contacted equipped with sufficient telephones having local phone numbers. Such office shall be staffed
by a responsible person in charge and an adequate number of additional staff available to answer the phone
from 7:00 a.m. to 7:00 p.m. on regular collection days. When the collection is postponed one day for
scheduled or unscheduled reasons, Contractor's customer service personnel must be available to answer
phones on all days during which collection service is provided. An informative recording answering
frequently asked questions shall be available at all other hours,thereby providing a 24-hour,7-day per week
customer service line.
Litter or Spillage. Contractor shall not litter premises in the process of making collections. In the event
of spillage by Contractor,Contractor will be responsible for cleanup of any spills including,but not
limited to,garbage,fuel,oil,and other fluids from Contractor's vehicles or resulting from the collection
of Waste Material.
Street Damages. Contractor shall be responsible for the repair of damage to paved surfaces on public
streets,alleys,thoroughfares,bridges,or easements when such damage is caused by Contractor's
negligent or inappropriate operation of its collection equipment. Contractor shall not be responsible for
normal wear and tear of public rights of way or regular maintenance of such rights of way. Substantiation
of cause shall be determined by the mutual contract of City and Contractor. At no time shall Contractor
operate a vehicle in the City's Limits that:
(a) is loaded to the extent that the load exceeds the weight allowed by law for the rating of said
vehicle; or
PAGE 21 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
(b) is loaded to the extent that the combined weight of the load and vehicle exceeds the weight
allowed on the public streets, alleys, thoroughfares, bridges, or easements on which the
vehicle is traveling, if such street,alley,or bridge has received a weight limitation rating.
Contractor shall,not later than forty-five (45)days following written demand,reimburse City for all costs
related to City's repair of damages determined by mutual contract to be Contractor's responsibility..
City Facilities. Contractor shall not charge City for collection services from City Facilities as described
in Exhibit"A"or from any additional City Facilities that City may add.
Enforcement: Contractor has the right to seek an injunction against any third party which is believed to
be infringing upon the rights of Contractor to this Agreement,including Contractor's right to be the sole
provider of Waste and Recyclable Materials collection within the City per this Agreement.
COMPLIANCE WITH LAWS
Contractor shall conduct operations under this Contract in compliance with all Applicable Laws. Contractor
expressly understands and agrees that nothing in this Contract shall be construed in any manner as limiting
the right of City to pass or enforce necessary police and health regulations for the protection of its residents
and businesses.Contractor further understands and agrees that if City notifies Contractor that Contractor or
one of its officers,agents,employees,Contractors,or subcontractors is in violation of any Applicable Law,
Contractor shall immediately cease,or direct the cessation of,such activity and correct such violation.
Compliance with Federal Immigration Laws. Contractor agrees at all times to comply with Federal
Immigration laws with respect to employment and to make available during Contractor's regular business
hours on request of City employee documentation verifying an employee's status to be employed by an
employee in the United States.Contractor agrees to verify current and future employee's status by
utilizing the E-Verify internet-based system as operated by the United States Department of Homeland
Security,or I-9 verification.
NON-DISCRIMINATION
In the provision of services hereunder or the performance of this Contract,Contractor shall not discriminate
against any person because of race,sex,age,creed,color,religion or national origin.
ASSIGNMENT OF CONTRACT
Neither Party shall assign this Contract in its entirety without the other Parry's prior written consent,which
consent shall not be unreasonably withheld. Notwithstanding the foregoing, Contractor may assign this
Contract upon written notice,but without the City's consent,to a parent company or any of its subsidiaries
or to any person or entity who purchases any operations from Contractor,but only so long as such person
or entity agrees to assume all of Contractor's obligations and liabilities regarding the performance of this
Contract.In addition,Contractor may make a collateral assignment of this Contract to any lender as security
for a loan made by the lender to Contractor without the consent of the City.
PAGE 22 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
TITLE TO WASTE MATERIAL
Title to Waste Materials and Recyclable Materials shall pass to Contractor when placed in Contractor's
collection vehicle. Title to and liability for any Unacceptable Waste shall remain with the Customer,
Generator or depositor of such waste and shall at no time pass to Contractor or City.
CONTRACTOR'S PROPERTY
All containers, trucks and any other equipment that Contractor furnishes under this Contract shall remain
Contractor's property.
RECORD KEEPING/RIGHT TO INSPECT
Contractor shall maintain records generated pursuant to services rendered in accordance with the Contract
for a period of at least four(4)years after submission of the last accounting report date on which services
were rendered. The City retains the right to examine, inspect, audit, and copy,regardless of location, any
and all documents, records, files, data, and information generated or utilized by Contractor in the
performance of this Contract. The City may request periodic reports pursuant to services rendered. Such
reports must be provided in a reasonable and timely manner,but in no case later than fifteen(15)business
days following receipt of the request unless the request specifies a later deadline.City may withhold making
payments due to Contractor pursuant to this Contract if any report required to be made pursuant to this
Contract has not been delivered to City on or before the fifth(5')day following the date that such report is
required to be delivered to City pursuant to this Contract and may continue to be withheld until the second
business day after such report is delivered.
MISCELLANEOUS TERMS
Confidentiality Regarding Waste Material. Contractor shall have no confidentiality obligation with
respect to any Waste Materials or Recyclable Materials collected pursuant to this Contract.
Binding Effect. This Contract shall be binding upon and inure solely to the benefit of the Parties and
their permitted assigns.
No Waiver for Delay. The failure or delay on the part of either Party to exercise any right,power,
privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or waiver
by either Party of any provision shall be deemed to have been made unless made in writing.Any waiver
by a Party for one or more similar events shall not be construed to apply to any other events whether
similar or not.
Governing Law;Venue. This Contract shall be interpreted and governed by the laws of the State of
Texas. Venue for any suit between City and Contractor arising from or related to this Contract shall be in
a state district court in Brazoria County,Texas.
Incorporation of Proposal and RFP. Contractor expressly acknowledges and agrees that the services to
be provided pursuant to this Contract shall be performed substantially to the extent and in the manner set
forth in the Proposal except as otherwise altered by this Contract. To the extent of any conflict between
or among the language and provisions of this Contract,the Proposal,and the RFP,the priority of
documents with respect to resolving such conflict shall be this Contract,then the RFP,then the Proposal.
PAGE 23 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Proposal Representations. Contractor expressly acknowledges that City has entered this Contract in
express reliance on the truth of the statements and representations set forth in the Proposal and agrees that
the representations made by Contractor in the Proposal are true and correct as of the Effective Date.
Prohibition of Boycott Israel.Contractor verifies that it does not Boycott Israel,and agrees that during
the term of this Contract will not Boycott Israel as that term is defined in Texas Government Code
Section 808.001,as amended.
CITY'S OBLIGATIONS
City hereby makes the following representations and warranties to,and for the benefit of, Contractor:
(a) The City is a home rule municipality duly organized and validly existing under the
Constitution and laws of the State of Texas, with full legal right,power, and authority to
enter into and perform its obligations under this Contract
(b) The City has duly authorized the execution and delivery of this Contract and this Contract
constitutes a legal, valid, and binding obligation of City that is enforceable against City
according to its terms.
(c) To the best of City's knowledge, information, investigation or belief, no action, suit or
proceeding, at law or in equity, before or by any court or governmental authority,
commission, Council, agency or instrumentality is pending against City wherein an
unfavorable decision, ruling or finding, in any single case or in the aggregate, would
materially adversely affect the performance by Contractor of its obligations hereunder or
in connection with the obligations,undertakings,and transactions contemplated hereby,or
which,in any way,would adversely affect the validity or enforceability of this Contract or
any other contract or instrument entered into by City in connection with the obligations,
undertakings,transactions contemplated hereby.
(d) To the best of City's knowledge, information, investigation or belief, as of the Effective
Date, City has the legal right and authority to grant this exclusive franchise and shall
defend, and use reasonable efforts to uphold this Contract, and the City's right to adopt
and/or enforce this exclusive franchise if the City's right to adopt and/or enforce this
exclusive franchise or enter into this Contract is ever challenged, litigated or disputed
during the term of the Contract. The City acknowledges that this is an essential term of the
Contract that Contractor is relying upon in entering into the Contract.
LIQUIDATED DAMAGES
Acceptable performance standards include the provision of daily services on a timely basis with minimal
interruptions,the Contractor being environmentally responsible while providing the daily services and the
Contractor responding promptly to both residential and commercial customers.
In no event will the Contractor be liable for Liquidated Damages unless such failure is caused by the
Contractor. The City may charge Liquidated Damages to the Contractor in accordance with the Summary
of Liquidated Damages on a monthly basis in connection with the Contract and shall, at the end of each
month during the term of the Contract, notify the Contractor in writing of the amount of Liquidated
Damages assessed for such month, if any. In the event the Contractor wishes to contest any Liquidated
Damages assessment, Contractor is authorized to request in writing a meeting with the City Contract
PAGE 24 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
Administrator, to attempt to resolve the issue. In the event the Contractor wishes to contest a decision by
the City Contract Administrator, the Contractor shall, within ten (10) days after receiving such notice,
request in writing a hearing date before the City Manager, or designee, to present its defense to such
assessment. The City Manager,or designee,will notify the Contractor in writing of any action taken with
respect to the Contractor's claims.
Public Works representatives, Utility Billing representatives and members of the City Management staff
will make recommendations to the City Manager,or designee,who will make the final decision and contact
the Contractor prior to assessing charges.
SUMMARY OF LIQUIDATED DAMAGES
The Contract will provide that the City may assess liquidated damages to Contractor as follows:
1. Missed collection: $25 per missed collection in excess of two(2)missed collections per day.A missed
collection occurs when a customer reports a missed collection,the address was not reported by Contractor
as an unacceptable set-out, and Contractor cannot provide data demonstrating collection vehicle traveled
on street and collections occurred on street during the day of the complaint.
2. Missed residential unit block: $500 per incident for Contractor failing to pick up material on a block
containing residential units.A missed residential unit block is where three(3)residential units on one side
of a street between cross streets,or an entire cul-de-sac report a missed collection.A missed residential unit
block occurs when the addresses reporting missed collections were not reported by Contractor as
unacceptable set-outs and Contractor cannot provide data demonstrating collection vehicle traveled on the
block during the day of the complaint.
3. Commencement of residential collection prior to.7:00 a.m., or operating within the City after 7:00
p.m. except as expressly permitted: $250 per route per occurrence
4. Commencement of commercial collection within 500 feet of a Residence prior to 7:00 a.m,
commencement in other areas prior to 5:00 a.m., or operating within the City after 7:00 p.m. except as
expressly permitted: $250 per route per occurrence
5. Failure to complete a majority(50%)of the collections on a given day: $2,500 each incident
6.Failure to maintain a vehicle in a manner consistent with the Contract: $100 each incident
7.Failure to clean up spilled Solid waste,resulting from loading and/or transporting within two(2)hours
of notification:two hundred fifty dollars($250.00).
8.Failure to address complaints within one business day: $100 each incident.
9. Failure to submit an accurate Monthly or Annual report in the specified format, as required by the
contract: $250 per report per calendar day delinquent.
10.Failure to return carts and containers to approximately original collection location: $25 each incident.
11. Failure to leave a public education notice when material that is inappropriately prepared is not
collected: $100 each incident.
12.Failure to be prepared to perform services on or after the commencement date: $3,000 per calendar
day.
PAGE 25 I SOLID WASTE,RECY(LING,AN I) 1101 SI'.1101.I)I I/kI21)01'S 11 (01 L1?CT10N CONTRACT.
TERMINATION OF CONTRACT
Termination by Default. If City notifies Contractor of a failure of Contractor to perform a material
provision of this Contract and Contractor has failed to cure such failure on or before the thirtieth(30th)day
following such notice,or if such failure can be cured,but cannot be reasonably cured within said thirty(30)
days, then by the date such failure should reasonably be cured, but in no case later than ninety(90) days
after delivery of the notice from City, City may terminate this Contract by delivery of written notice to
Contractor. Upon such termination under this section,in the event such termination occurs during the Initial
Term,City,as its sole and exclusive remedy,may exercise its rights under Contractor's performance bond,
if applicable, and procure the services of another waste collection services provider to complete the work
covered under this Contract for the remainder of the time period covered by the Initial Term. Except for
such right during the Initial Term, following any such termination, neither Party shall have any further
obligation under this Contract other than for claims for personal injuries or property damage and the right
to be indemnified therefor as expressly provided in this Contract and arising prior to such termination date.
Dispute Resolution. The Parties hereto agree that prior to filing suit with respect to any dispute between
the Parties arising from or related to this Contract to submit the dispute to mediation,with the cost of said
mediation to be split evenly by the Parties.
FORCE MAJEURE
Any failure or delay in performance under this Contract due to contingencies beyond a Party's reasonable
control, including, but not limited to, strikes, riots, terrorist acts, compliance with applicable laws or
governmental orders,fires,bad weather and acts of God,shall not constitute a breach of this Contract,but
shall entitle the affected Party to be relieved of performance under this Contract during the term of such
event and for a reasonable time thereafter.
Contractor shall notify City by 6:00 a.m. on the day of service or day before if known, if service will not
be provided due to a"Force Majeure"event. If Contractor begins service and then makes a determination
to stop service mid-day due to Force Majeure,then Contractor will provide notification to the City as soon
as possible.As soon as practical after such Force Majeure Event,the Contractor shall advise the City when
it is anticipated that normal routes and schedules can be resumed.
INSURANCE
During the term of this Contract,Contractor shall maintain in force,at its expense,insurance coverage with
minimum limits as follows:
(a). On Occurrence Basis:
o Commercial General Liability.
o Combined single limit not less than$2,000,000 per occurrence
o Aggregate not less than$4,000,000;
• Automobile Liability: Combined single limit not less than$1,000,000;
• Automobile Property Damage: Not less than$1,000,000 per occurrence;
• Premises/Completed Operations: Not less than$4,000,000
PAGE 26 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
■ Explosion/Collapse/Underground: As applicable
o Umbrella.
• Per Occurrence: Not less than$10,000,000
• Aggregate: Not less than$10,000,000
(b) Contractor will retain retro dates with any new carrier.
(c) All insurance and certificate(s)of insurance shall be endorsed to contain the following:
(1) Name City, its officers, agents and employees as additional insureds as to all applicable
coverage with the exception of Workers Compensation Insurance;
(2) a waiver of subrogation against City for injuries,including death,property damage,or any
other loss to the extent the same is covered by the proceeds of insurance, except with
respect to the gross negligence or willful misconduct of City,its employees,or agents.
A certificate of insurance evidencing the required insurance shall be submitted to City not later
thirty (30) days prior to the Commencement Date and not later than thirty(30) days prior to the
commencement of each Extension Term.
(d) During the term of this Contract, Contractor shall maintain Statutory Workers' Compensation
insurance coverage or other benefit plans for work-related injuries as allowed by Applicable Law.
(e) Each and every insurance policy required to be carried by or on behalf of Contractor pursuant to
this Contract shall provide (and any certificate evidencing the existence of each such insurance
policy shall certify) that such insurance policy shall not be canceled, non-renewed or coverage
thereunder materially reduced unless City has received notice of cancellation, non-renewal or
material reduction in coverage, in each such case (except for notice of cancellation due to non-
payment of premiums)such notice to be sent to City not less than thirty(30)calendar days(or the
maximum period of calendar days permitted under Applicable Law,if less than thirty(30)calendar
days)prior to the effective date of such cancellation,non-renewal or material reduction in coverage,
as applicable. In the event any insurance policy required to be carried by or on behalf of Contractor
pursuant to this Contract is to be canceled due to non-payment of premiums, the requirements of
the preceding sentence shall apply except that the notice shall be sent to City on the earliest possible
date but in no event less than ten(10)calendar days prior to the effective date of such cancellation.
DEFENSE OF SUITS
If any action in court is brought against the City,or any officer or agent of the City,for the failure,
omission, or neglect of the Contractor to perform any of the covenants,acts,matters,or things under this
Contract; or for injury or damage caused by the alleged negligence of the Contractor or his subcontractors
or his or their agents,or in connection with any claim based on lawful demands of subcontractors,
workmen,material men,or suppliers the Contractor shall indemnify and save harmless the City and its
officers and agents,from all losses,damages,costs,expenses,judgments,or decrees arising out of such
action.
PAGE 27 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
INDEMNITY
Contractor is solely responsible for and shall defend, indemnify, and hold city (or any of city's
representatives or employees), free and harmless from and against any and all claims, liabilities,demands,
losses, damages, costs or expense to all persons (including but not limited to reasonable attorneys' fees)
arising out of resulting from or occurring in connection with the performance of the work that is (i)
attributable to any bodily or personal injury, sickness, diseases or death of any person or any damage or
injury to or destruction of real or personal property (other than the work itself) including the loss of use
thereof, and (ii) caused in whole or in part by any negligent, strict liability or other act or omission of
contractor,any subcontractor or supplier,their respective agents or employees or any other party for whom
any of them may be liable regardless of whether such is caused in part by the negligent, strict liability or
other act or omission of a party or parties indemnified hereunder. Said indemnity and hold harmless
agreement shall also apply to claims arising from accidents to contractor,its agents or employees,whether
occasioned by contractor or its employees or by any other person or persons.The foregoing indemnification
obligation shall not be limited in any way by any limitation on the amount or type of damages,compensation
or benefits payable under workers' or workmen's compensation acts, disability benefit acts or other
employee benefit acts.
PERFORMANCE BOND
Upon Contract execution, Contractor shall furnish to The City a Performance Bond from a reputable
banking institution, reasonably acceptable to The City, with a corporate surety to guarantee the faithful
performance of the obligations under the Contract in the amount equal to one hundred percent(100%) of.
the estimated annual value of the Contract. The Performance Bond will not suffice for purposes of the
Contract until the terms,conditions,and provisions of the Bond are approved by legal counsel for The City.
The Contractor shall pay all premiums chargeable for the Performance Bond. The Performance Bond shall
be valid and non-cancelable for the Initial Term of the Contract(or shall be annual but renewed each year
prior to its expiration) and shall be renewed for the period of any Renewal Term(or shall be annual, but
renewed each year prior to its expiration).
INDEPENDENT CONTRACTOR
Contractor shall at all times be and hold itself out to the public as an Independent Contractor working on
behalf of The City. Contractor is not an agent,employee or servant of The City and shall not represent
itself as such.
SUCCESSORS AND ASSIGNS
The Contract shall be binding upon the heirs,personal representatives,successors and assigns of the parties
hereto:provided,however,this provision shall not be deemed to authorize the assignment or other transfer
of the Contract which may only be accomplished as expressly provided in the Contract.
OWNERSHIP
Title to Waste and Single-Stream Recyclable Materials,Recycling Materials,Yard Waste,and Bulky Waste
shall pass to Contractor when placed in Contractor's collection vehicle. Title to Unacceptable Waste shall
remain with the Generator of such Unacceptable Waste.
PAGE 28 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
COMPLIANCE WITH LAWS AND ORDINANCES
Contractor shall comply with all local, state and federal ordinances, statutes, laws, rules, and regulations
applicable to the work or governing the collection, disposal and processing of Refuse, Yard Waste,
Recyclable Materials, and Bulky Waste as well as restrictive covenants of the City.
If Contractor discovers any provisions in the specifications or Contract which are contrary to or inconsistent
with any law,ordinance or regulation,they shall immediately report it in writing to the City.Except where
otherwise expressly required by applicable laws, rules, and regulations, the City shall not be responsible
for monitoring Contractor's compliance with any laws,rules or regulations.Notwithstanding the foregoing,
Contractor shall not be obligated by the Contract to accept refrigerators or other devices known to contain
chloroflouro-carbons (CFC's) unless Resident establishes that the item is free of CFC's by providing a
written certification of CFC removal and may be lawfully disposed or recycled at Disposal Facilities.In the
event the owner of a refrigerator or other device known to contain CFC's cannot be located and Contractor
is asked to dispose of such by the City, Contractor agrees to collect such item, evacuate the CFC's and
dispose of it,and charge the City for said service at the agreed-upon rate as cited in the Contract Cost Forms.
Severability. If any provision of this Contract shall be invalid,illegal or unenforceable,it shall be modified
so as to be valid, legal and enforceable but so as most nearly to retain the intent of the Parties. If such
modification is not possible,such provision shall be severed from this Contract. In either case,the validity,
legality, and enforceability of the remaining provisions of this Contract shall not in any way be affected
thereby.
Prior Agreements: This Contract sets forth the entire contract of the Parties and supersedes all prior
contracts, whether written or oral, that exist between the Parties regarding the subject matter of this
Contract. All provisions of this Contract shall be substantially complied with and conformed to by the
Parties, and no amendment to this Contract shall be made except upon written consent of the Parties. No
amendment shall be construed to release either Party from any obligation under this Contract except as
specifically provided for in such written amendment executed by the Parties.
Attorneys Fees. If any litigation is commenced under this Contract,the successful Party shall be entitled
to recover, in addition to such other relief as the court may award, its reasonable attorneys' fees, expert
witness fees,litigation-related expenses and court or other costs incurred in such litigation or proceeding.
NOTICES
All notices or other communications required or permitted to be given pursuant to this Agreement shall be
in writing and shall be considered as properly given(i)if mailed by first-class United States mail,postage
prepaid,registered or certified with return receipt requested,(ii)by delivering same in person to the intended
addressee, or(iii) by delivery to an independent third party commercial delivery service for same day or
next day delivery and providing for evidence of receipt at the office of the intended addressee. Notice so
mailed shall be effective upon its deposit with the United States Postal Service or any successor thereto;
notice sent by such a commercial delivery service shall be effective upon delivery to such commercial
delivery service; notice given by personal delivery shall be effective only if and when received by the
addressee; and notice given by other means shall be effective only if and when received at the office or
designated place or machine of the intended addressee. For purposes of notice,the addresses of the parties
shall be as set forth below;provided,however,that either party shall have the right to change its address
for notice hereunder to any other location within the continental United States by the giving of thirty(30)
days'notice to the other party in the manner set forth herein.
PAGE 29 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
If intended for City,to: If intended for Contractor:
City of Pearland,Texas Frontier K2,LLC
Attn: City Manager Attn:John Gustafson
3519 Liberty Drive 10185 FM 1960
Pearland,Texas 77581 Dayton,TX 77535
With copy to: With copy to:
Deputy City Manager Bill Killian
AGREED AND SIGNED by the authorized representatives of the Parties hereto on the dates indicated
below.
ATTEST: City of Pearland,Texas
BY:
Name:
Title:
Date: ,2020
APPROVED AS TO FORM:
Contractor: Frontier K2,LLC
By:
Name:
Title:
Date: ,2020
PAGE 30 I SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION CONTRACT.
EXHIBIT A
Rates and Services
All fees exclude any franchise fees.
Residential
MSW collection two times per week with 95-Gallon cart(all items in the cart)
Price per home per month $ 10.63
MSW collection two times per week with 65-Gallon cart(all items in the cart)
Price per home per month $ 10.63
Recycling collection one time per week with 95 gallon cart(all items in the cart)
Price per home per month $ 3.50
Brush and/or Bulky materials collection one time per week(2 cubic yard limit)
Price per home per month $ 1.75
Extra Service Pink Tags(supplied by Contractor)
Price per collected bag $ .65
Rate for each additional Solid Waste cart per residence
Price per home per month $ 9.26
Rate for each additional Recycling cart per residence
Price per home per month $ 6.25
Rate for Replacement Cart(either service)
Price per replacement $ 55.00
Collection Rates for Unusual Accumulation Waste Collection
Rate per hour for Vehicle(any type) and Crew $ 195.00
Disposal fee per yard collected $ 13.00
Small Commercial with Contractor-supplied 95 Fallon Poly Carts
One 95-gallon Cart once per week for MSW $ 19.95
One 95-gallon Cart twice per week for MSW $ 24.95
One 95-gallon Cart once per week for Recycling $ 7.50
PAGE 1 EXHIBIT"A"TO SoI II)WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
I CONTRACT
Commercial Front Load Rates
All fees exclude any franchise fees.
Size lx 2x 3x 4x 5x 6x extra p/up
2 yard $68.12 $99.36 $ 130.57 $ 162.27 $ 195.00 $225.00 $30.00
3 yard $82.93 $ 125.63 $ 168.32 $211.02 $245.00 $275.00 $45.00
4 yard $96.06 $ 146.97 $ 197.89 $248.82 $299.75 $349.70 $55.00
6 yard $ 119.08 $ 196.23 $249.02 $331.25 $413.42 $495.62 $60.00
8 yard $ 140.20 $240.58 $331.24 $440.83 $550.45 $660.01 $75.00
Casters(fee per month per container) $10.00
Locks(fee per collection per container) $2.00
Enclosures(fee per collection per container) $3.00
PAGE 2 I EXHIBIT"A"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
Roll-Off Containers
Important Note: All fees exclude any franchise fees.
Roll-Off-Temp-EXCLUSIVE TO CONTRACTOR
Delivery Daily Rental Haul Rate Disposal
per Ton*
20 yard $50.00 $3.00 $225.00 $45.00
30 yard $75.00 $3.00 $225.00 $45.00
40 yard $75.00 $3.00 $255.00 $45.00
Roll-Off-Permanent-EXCLUSIVE TO CONTRACTOR
Delivery Daily Rental Haul Rate Disposal
per Ton*
20 yard $.00 $3.00 $225.00 $45.00
30 yard $.00 $3.00 $225.00 $45.00
40 yard $.00 $3.00 $255.00 $45.00
Roll-Off-Compactor-EXCLUSIVE TO CONTRACTOR
Monthly Haul Rate Disposal
Rental per Ton*
15 yd SC** $395.00* $225.00 $45.00
20 yd SC** $395.00* $225.00 $45.00
25 yd SC** $450.00* $225.00 $45.00
30 yd SC** $495.00* $225.00 $45.00
35 yd SC** $495.00* $275.00 $45.00
40 yd $158.00* $225.00 $45.00
Receiving
Container***
* some extra costs might be incurred for special chutes,fabrication,or specialty compactor units
Household Hazardous Waste Collection From Recycling Center
Price per pound $ .99
PAGE 3 EXHIBIT"A"'I'O SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
I CONTRACT
EXHIBIT "B"
City Facilities at No Charge
(Future City facilities will be provided free of charge)
Keep Pearland Beautiful coordinates the following events:
• Community Clean-Up Days,twice per year,roll-off hauls limited to 60 hauls per event.
• Keep Pearland Beautiful Trash Day, roll-off hauls limited to 10 hauls.
City Facilities Roll-Off Services
Service Name Street Qty Size Average Hauls Per Month
Stella Roberts Recycle Ctr 5800 Magnolia Dr 1 40 C 4
Event Port- ADA POLs Handwash 4 yard FEL
o-Lets Stations
Trick or Treat Trail 8 2 2
Winter Fest 14 5 4 4
Paws in the Park 3 1 1
4'of July Celebration 14 4 4
Christmas Tree Lighting 12 4 2
Christmas Parade 9 3 3 1
Four Park Events
PAGE 1 EXHIBIT"B"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HA/1RDOUS WAS IL COLLECTION
CONTRACT
Facility Name Lumber Address Qty Size&Frequency
CoP-Animal Control 2002 OLD ALVIN RD 1 3 YD FEL 1X WK
CoP-Barry Rose Reclamation Facility 1902 BARRY ROSE RD 1 4 YD FEL 1X WK
CoP-Centennial Park 3101 MCLEAN RD 2 6 YD FEL 3X WK
CoP-Centennial Park 3101 MCLEAN RD 1 8 YD FEL 1X WK
CoP-City Hall/City Hall Annex 3519 LIBERTY DR 1 8 YD FEL 3X WK
CoP-City Hall/City Hall Annex 3519 LIBERTY DR 1 8 YD FEL RCY 1X WK
CoP-David L.Smith Fire Admin Bldg. 2703 VETERANS DR 1 8 YD FEL 2X WK
CoP-Delores Fenwick Nature Center 5750 MAGNOLIA PKWY 1 2 YD FEL 1X WK
CoP-Fire Station#1(1571 Old Alvin Rd,Pearland,77581 1571 OLD ALVIN RD 1 4 YD FEL 1X WK
CoP-Fire Station#2 6050 FITE RD 1 4 YD FEL 1X WK
CoP-Fire Station#3 3207 YOST BLVD 1 4 YD FEL 1X WK
CoP-Fire Station#4 8333 FREEDOM DR 1 8 YD FEL 5X WK
CoP-Fire Station#5 3100 KIRBY 1 4 YD FEL 1X WK
CoP-Fire Station#8(Summer 2020) 12255 SHADOW CREEK PKWY 1 4 YD FEL 1X WK
CoP-Hickory Slough Complex 7600 Hickory Slough 1 6 YD FEL 1X WK
CoP-Hillhouse Annex(2559 Hillhouse) 2557 HILLHOUSE RD 1 6 YD FEL 1X WK
CoP-Independence Park 3519 LIBERTY DR 1 6 YD FEL 3X WK
CoP-Independence Park 3913 LIBERTY DR 1 6 YD FEL 3X WK
CoP-JHEC Reclamation Facility 5900 MAGNOLIA 1 6 YD FEL 1X WK
CoP-JHEC Reclamation Facility 5900 MAGNOLIA 1 8 YD FEL 1X WK
CoP-Longwood Reclamation Facility(2727 Dixie Fm Rd) 16513 LONGWOOD 1 3 YD FEL 1X WK
CoP-Magnolia Water Plant 3812 MAGNOLIA 1 2 YD FEL 1X WK
CoP-Melvin Knapp Activity Center 2425 S GRAND BLVD 1 6 YD FEL 2X WK
CoP-Melvin Knapp Activity Center 2425 S GRAND BLVD 2 96 GAL REL RCY TOT PER
CoP-Public Safety Bldg 2555 CULLEN PKWY 1 8 YD FEL 5X WK
CoP-Public Safety Bldg 2555 CULLEN PKWY 1 8 YD FEL RCY 1X WK
CoP-Public Works Service Center 3501 E ORANGE ST 1 8 YD FEL 3X WK
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 3 YD FEL 3X WK
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 40 Yard R/Off 1 x per month
CoP-Public Works Service Center 2012 OLD ALVIN RD 1 40 Yard R/Off 1 x per month
CoP-Public Works Service Center 2010 OLD ALVIN RD 1 3 YD FEL 2X WK
CoP-Public Works Service Center 3501 E ORANGE ST 1 6 YD FEL 3X WK
CoP-Public Works Service Center 3501 E ORANGE ST 3 3 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 8 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 6 YD FEL 3X WK
CoP-Rec Center&Natatorium 4141 BAILEY RD 1 8 YD FEL RCY 1X WK
CoP-Shadow Creek Ranch Sports Complex 13050 SHADOW CREEK PKWY 1 4 YD FEL 2X WK
CoP-Southdown Reclamation Facility 3711 SOHO DR 2 4 YD FEL 1X WK
CoP-Tom Reid Library 3522 LIBERTY DR 1 4 YD FEL 1X WK
CoP-Tom Reid Library 3522 LIBERTY DR 1 4 YD FEL RCY 1X WK
CoP-Westside Event Center 2150 COUNTRY PLACE PKWY 1 6 YD FEL 1X WK
CoP-Westside Event Center 2150 COUNTRY PLACE PKWY 1 96 GAL REL RCY TOT PER
PAGE 2 I EXHIBIT"B"TO SOLID WASTE,RECYCLING,AND HOUSEHOLD HAZARDOUS WASTE COLLECTION
CONTRACT
O-r
1 %AI.
City of Pearland
Attn:Julie Blackmore
3523 Liberty Drive
Pearland,TX 77581
10/16/2020
RE:Notice of Protest
Dear Ms.Blackmore,
Please accept this as our notice of protest.
a.) Inigo Sanz(FCC,SA)—9172 Ley Rd,Houston,TX 77078
b.) RFP#0320-29—October 12'h,2020 New Business Item 7
c.) The City of Pearland created this RFP which specifically included a weight and score for cost. While we
have concerns about the propriety of the scoring for Option 2 resulting in Frontier Waste Solutions
outscoring FCC by.01,Option 2 has been abandoned and it is indisputable that FCC was the highest
scoring proposer under the other two options and should thus be awarded or,at a minimum,given the
opportunity to negotiate with the City.
Texas Local Government Code 252.043(h)states that"the contract must be awarded to the responsible
offeror whose proposal is determined to be the most advantageous to the municipality considering the
relative importance of price and the other evaluation factors included in the request for proposals." The
City Council Members selected Option 3 by unanimous vote in their meeting on October 12,2020. FCC
scored the highest(131.34)on Option 3 considering the relative importance of price and the other
evaluation factors included in the request for proposals. See below Therefore,under applicable Texas law,
the contract must be awarded to FFC.
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FCC respectfully requests a meeting with FCC's legal counsel and the City Attorney and Head of Procurement to
discuss FCC's concerns regarding this RFP process and potential legal implications resulting therefrom.
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Solid Waste Services RFP Evaluation Scoring
Option #3
Waste
Frontier Waste Management of
Firm Name FCC SA Solutions Texas
Option#3 Annual Pricing $ 12,603,360.00 $ 10,881,420.00 $ 12,646,764.00
Evaluation Criteria
Competitive Cost of Proposal Opt3
35 pts 29.80 34.52 29.70
Compliance,Clarity of Proposal -
Minimal Exceptions to RFP and to
Contract 5pts 4.79 4.25 4.14
Experience Providing Like-Services
to Like-Sized Cities 5pts 3.96 2.29 4.64
Strength of Personnel at the Hauling
Division 5pts 3.82 3.57 4.14
Operational Plan in Narrative Format
15pts 13.71 12.36 13.43
Transition Plan to New Vendor and/or
Service Model 20pts 17.68 17.14 18.57
Customer Service,Contract
Compliance Reporting,the use of
GPS&Support lOpts 9.14 8.57 7.79
Financial Strength of Proposer
5pts 4.00 3.00 3.00
Interview Scores 50pts 44.43 45.43 35.71
Total Points 131.33 131.13 121.12
Sincerely,
Inigo Sant
Managing Director
FCC,S.A.
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1600
pearlandtx.gov
ISSAS
Es?. is/Si
October 20. 2020
FCC. SA
Attn: Inigo Sanz
9172 Ley Rd
Houston. TX 77078
RE: Notice of Protest— RFP # 0320-29 Solid Waste Services
Dear Mr. Sanz:
We appreciate your interest in working with the City of Pearland. We are proud of the services
we offer our citizens and work hard to provide the best values we can for them. While FCC is a
qualified company capable of providing Solid Waste Services as proposed, the City is responsible
for determining the offeror that represents the best value for the City. As you are aware, the RFP
document clearly specified that the evaluation committee will recommend, based on the
proposals and discussions with the offerors, the qualified proposer that demonstrates the
best value for the City. After a thorough evaluation of the RFP's and discussions with the
offerors, it was ultimately determined that FCC did not represent the best value for the City.
Once again, I want to express my sincere thanks to you and FCC for participating in the selection
process for solid waste services.
Sincere ,
,6b
John McCarter
City of Pearland
Interim Finance Director
C: Darrin Coker, City Attorney
Trent Epperson. Deputy City Manager
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